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227-233 20TH ST
*NEW FILE* 227-233 201" St CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 MEMORANDUM To: Rusty Price, Chief Building Inspector Dan Ohl, Deputy City Attorney Marc Myers, Planning Department From: Don Skelly, Senior Building Inspector (9) SUBJECT: Pigneri, 227-229 20th Street Date: September 16, 1996 This complaint has been .finalized by the removal of a corridor wall under Building Permit B9602263. I inspected the building to verify the wall removal and the permit was closed out September 13, 1996. 3300 Newport Boulevard, Newport Beach City of Newport Beach Building Department P.O. Box 1768 Newport Beach, CA 92658-8915 Permit Counter Phone No. (714) 644-3288/3289 BUILDING PERMIT ADDRESS' III IRE Y1 Rasp ARM BLDG: FL6OR:7 � OWNER: " 7BAPOHT BHAEH GA 926HD PROW CONTRA( OR CROTCH-GOH$THIICTIOH _ _ _ __ ADDRESS- -PRO -NE: - _____ ARCHITECT: -BUS. LIC. LI ❑ 1 AM EXEMPT UNDER SEC. - • 0 APC. FOR THIS REASON ADDRESS: Yes Is TE LIC. NO.: ENGINEER -- _- -- �_— —` -- LICENSED,CONIRnCTORSbECLARATION. CARRIES •., vI I'- - l) IF THE PERAUTJS FOR ONE HUNDRED O o,- CONSTRUCTION LENDING AGENCY I HEREBY AFFIRM UNDER PENALTY OF PERUURY THAT THERE IS A CONSmUCI1gJ lFtld ING AGENCY FOR THE PERFORMANCE OF THE WORK FOG WHICH THIS PERMIT IS ISSUED (SEGs .CIV C). URIDERSNAME I GFRIIFY THAT I HAVE RTION EAD THIS MP{1CATXx1 MID STATE THAT THE ABOVE INFORMA- RCORRNGAGREEJGAg1DµWAAEI.AM RELATING TO GUI D CONSINANERSEY AUTHORIZE REPRFBNTIS MESS COUNTY TO ENTER UPON THEPBOVEMENTIONED PROPEaP/ FOR INSPECTOR MR. o Jp-,"nn�! NO.- 'PucAr_:— __CHOICE COBST' INC' meEss: 921-B-CARPEY"AYB---` -' "-- ----MORTEREY-PARK-CA-91754 -- PHO„E 'NATURE OF 'PLICANT ENTER» Final Project Valuation Regular PLAN CHECK PEES BUILDING PERNIT PER Is a CLEAN-UP DEPOSIT required? (Y) ----------------------------------- Subtotal CIP BUILDING PERMIT PEES ----------------------------------- ----------------------------------- Is MICROFILMING FEE required? (Y) CALIFORRIA SSISNIC SAFETY PER > ----------------------------------- PLANBING:COURTER REVIEW PEE $5 ?(Y) TOTAL CIP BUILDING PERMIT FEES Permit No. B9602263 Inspection Be i gists Phone No. 14 64 SORVTION WORK W 11�09Inc colsr(1355-96) NST: ALT MOVE ILLEG RSTRUCTIOR 'E OF 15179CnON GROUP NO OF STORIES BEd/ NEW .FT•e1.DG ADDED I NEW SO FT.GAR OF USE �o yM G PARKING ITS, _ _Z_ONE!��-rh%SPAGES D'n B1i1G FRONT htmi LEFT _ RIGHT TRACKS - - - - ALR� - PROCESSED BY; ZONIN® APPRO FIRE 818/307-5445 APPROVAL d �I O I A-t, 4I'_W - j _ _ _ z (jU GTE z pscwro /j4-ifLei-+ eD 470o .. 550 { Paglents: t/ 0.00 11.05 ;Credit extended: 0.00 17.00 ; Total Credits: 0.00 100.00 Y ; Balance 133.66 128.05 1 Adjustients 0.00 Balance doe 133.66 .11 Y ------------------------------ .50 133.66 � 1►t��%�7.i�I ;+a�cala_mrn. �ntiryc(R,�� •p R1'-'sNc.'{•Jb••OP:J.DF .a�- '_ ' y _*' '-,•-.•twfwez7N'w`z-w;-a+�t'r•{_vtr�<s�tc ,�.. y.'>»+r 2 f'Wti •'0 f•uf�b'4'M.1/GC 71A., �'Yt- lh _;•tyy' _„4t f/` Y-AH[Y gj "�S•V� }Y7i %"4•IL1M �A`���<i1 ' .�i• �A_. f � � M1 f vp.e_ T>is•: •StM p t'�np°W. � �.. 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BOX 1768, NEWPORT BEACH, CA 92658.8915 July 10, 1995 Mr. Charles Pigneri 229 20th St. Newport Beach, CA 92663 SUBJECT: Suspension of Permit B9501605 (227 20th St.) Dear Mr. Pigneri: RECLIVED BY PLANNING DEPARTMENT ri,rY OF NE'WPOPT RE.Af"" AM JUL 111995 PM 7i8i9gu1llilti_L1Z1Z i415i6 This is to advise you that Permit #B9501605 has been suspended because it was issued in error since it violates Use Permit No. 3379. Subject to Use Permit #3379, Site Plan Review #58, and Resubdivision #924, which were all required approvals for this mixed use project, the "corridor" areas that have since been improved as tenant spaces are not allowed. The approval was for a mixed use project with a proposed commercial area which was less than the required minimum (.25 F.A.R.) among other things. The proposed and approved amount of commercial development is 2746 gross square feet (.218 F.A.R.) along with three dwelling units consisting of approximately 9165 gross square feet (.746 F.A.R.). Commercial development requires on -site parking at a ratio of 1 space per 250 sq.ft. of gross floor area (2746/250 = 10.9 = 11 required spaces/11 spaces are provided on -site). The floor areas that were approved by the Planning Commission excluded the "corridors", and therefore they were not counted towards the overall square footage in plan check, nor were they counted in the calculation for required parking, nor were the appropriate "Fair Share" fees paid for these areas. Therefore, in order to build out these areas correctly and within the limits of the code, you would have to go back to the Planning Commission to amend their original discretionary approvals, obtain Coastal Commission approval as well as provide the additional required parking on -site, and pay the appropriate fees for doing so. Only, then would what you have done be a legal and permitted project. 3300 Newport Boulevard, Newport Beach Mr. Charles Pigneri July 10, 1995 Page Two Please advise me in writing of your intended action by July 31, 1995. You may return the area as approved under Use Permit #3379 or proceed to obtain Planning Department approval by going through the steps outlined above. Inaction on your part will require me to pursue legal remedy to obtain compliance. Very truly yours, BUILDING DEPARTMENT Raimar W. chuller Director RWS..jf A , be: Faysal Jurdi Rusty Price Don Skelly Mark Meyer, Planning Department M�' Iw-r 331 A)"9• 64 ,'2""1�3 r�,,,� City of Newport Beach g Budding Department ✓u P.O. Box 1768 �� a �' Newport Beach, CA 9: Permit Counter Phone 644-328813289 ❑ 1 AM EXEMPT UNDER SEC. -- - e 3P.C. FOR THIS REASON GATE CARRIER � �: �•, v--"�a!"1 .�„ CONSTRUCTION LENDING AGENCY I HEREBY AFFIRM UNDER PENALTY OF PFRNRY THATTHERE IS A CONVMUCRON UE I�SNEGCA.GENCY FOR THE PERFORMANCE OF THE WORK FOR WHICH THIS PERMM IS ISSUED LQNFA rS NME I IEWER5A0DRESS % " I CEHrIFYTHAT i HAVE READ THIS APP[IGTION PNO STATE IHATTNE A00VE INFDRMA- TION M CORRECr.1 AGREE TO COMPLY of Di ALL CRY PND C W NIY ORDINANCES AIYD STATE OFYTOG WUNIYTO QAFri UPONT�HEAeUCOEMENRHOt�ED PROS FOH I�NSPECf10L1 WR PO'S�ES �G aICJ-'.-/ �t�✓EJ-O�irl e •ram a,3m PERMRIEENAME(PRWT) Permit No. BUILDING PERMIT B9501605 - Inspection Requests Phone No. 14 644,325 q) pqppyyT■■ IESS: —U-- gul-___—___AREA:__- INSP 7 DESCRIPTION OF WORK:— MW( FLOOR SUITE___—___JI____` �GL_ TYFEOF- M..UCT10N ADDED IJ NEW NO.OF ADDED I NEW qq q❑nu C� �+gt_ ____ ioygs -AMC%sPFACE"Ds 6EECd.0 92663 __ PHONE 7141015555 ___-6EBF9kT TRACTOR: CNARLES P---_ - - --_— - - - - -- - REOD etDG FRONT REAR LEFT RIGHT SETBKSAC ------------- -- - - - - - - - - - ------ __FIGMERI IEss_�2T_10TH CLL 9:663 PHONE: ___—llE73ORY9EAEE _ o: 21994! cuss ��11__ _BE&%r U_ 7166_-----_-- 41ECT:_-r.- 7ESS i __-PHONE _ CONOmONS M"-149 JAJT. I17T UAJL /_0/t�CC UST. :J.S ¢ INEER: RESS 0 PROCESSED BY: _ PHONE mC �C ZONING OTHER NO.: APPROV DEPARTMENT w� `- NU OCANr: PTGBEELEBARLES_-_------ RESS 22L N!ff_Q� — FIRE APPROVAL P CHECK Or PHONE _ [ JATUREOF LICANT GRADING APPROVAL PgOVAL ISSUE ZOO aC a tIP Buildlas Peratt es + LLi ENTER» Final Project Valuation 500 ; Paeneats: l O40 Oe Regslar FLAN CRICK FEES 9.75 ;Credit extended: 0.00 0 BUILDING PERMIT PER 15.00 Total Credits: 0.00 € Is a CLEAN-UP DEPOSIT required? (7) 1 100.0 Y ; o Balance 175:30 fF SabtotaI CIP BUILDING PERMIT FEES ; 124.75 ; Adiaetaents 0.00 ---------------------------- ------- -: ; Balance due 175.30 0 Is NICROPILIIIRG FEE required! -(Y) .10 Y ---------- ------------- 0 CALIFORNIA SEISMIC SAFETY FEE, > [� 0 Is DISABLE➢ REVIEW FEE needed? (Y1 25.00 Y a HAZARDOUS MAT, fora processing? (7) 15,00 Y i — FIRE DEPT:PLAN REVIEW HE ? fY) 1.95 Y 3 FIRE DEMINSPECTIOR PEE IT) 1.00 Y PAID s PLAHNISO:COUNTER REVIEW FEE $5 ?(Y) 5.00 I - � A- -175.30 JUM 26.19% t; TOTAL CIP BUILDING PERMIT FEES _} E / ;1CITY OF NEWPORT BEA J City of Newport Beach Building Elipartmont P-6-851768 I BUILDING PERMIT A DDI IreTlnAl NeWPOr[ GBacnI LJA tI=)O.OtllD / ♦f f r.f v/ .. f v . PLAN CHECK NO.,, Permit`s: (714) 644.3288 S t ns• (7 l4lp4M25 LOCALITY (CROSS ST.) ADDRESS t • 4,' I STAY. AREA. G P n TYPE PROCESS LOT NO. BLOCK �:0. TRACT ti {� CO S . use '�< LOT SIZE p T:'• GRADING APPROVAL REQUIRED YES ❑ NO ,.YES',0 NO^ TELL". OWNER \�.O�C.. • �j .'rj �j• 5E ZO • • PARKING I '• SPACES r 1'N�O. ADDRESS m JL'r-`- `y• \ �S 11 M'• 40ND§. •S'OY �C CITY N . Zle '. b'J3 O rfito jb.t']S 5 3. CONTRACTOR n • ♦• •`• V• ADDRESS S- + NO A �.-1 is°o°ntin0°i Oiwi of , ns©-tzsj, 1•r J I ~ , I 1 CD Q CITY Zip t•� Y S. EA - R.S. L S. AP PRT I t J Al SHARELLAss �•56 OCI C'c"N" LICA NO. Cj lJ tI 1EC. L7 ' O- RC ... 1N''O'C5 NOL•,Ipt.•f '^ ActAPPROVAL FIRE EXCISE TAX $ 1 . ,( ADDRESS L ZIP- IOf GRADING APPROVAL $AN. DISTRICT NO ZONE $ �6• C.='3 BVANCHK� I /} / SJHTC $ ' CITY No [/`� ' DESCRIPTION OF WORK ,�.. 1 1- OTHER $ NEW Jal -ADD ❑ ALTER ❑ REPAIR b'' '• DEMOLISH - 'TO TO ISSOU T TAL •$ ....T...... t m.IT D ro^ O K RS• COMPENSATION [?FCLyRA-TIQN 1'XERCBY, AFFIRM T I HAVEA CERTIFICATE OP QONSENi TO BiLAINBURE. OR A � rMRTIFICATjE Dr.. RKERC(S�• COMPENSATION INSURANCE../'OOR: ATC�ERTIFIED y/COPY "4NEREOp I3QC ]'1G�'l'�O PANYff. V O_' i'L9 JIV1l PoLICY NU'O. G, - - - 4 �+ J •� �l L �Y• J. �❑ C/ERTIFIED COPY IS HEREBY FURNISHED - t -� ) YJOEgTI[IEO COPY 1; FILED WITH THE OUI N ENT. SIGNATURE O + •' f r ^ APPLICAN C.L 'LICENSED COt RAQTORS DECLARATION, •' w• , GATE ` CERTIFICAYE OF EX PTIONW FROM RKERS' 1 HEREBY AFFIRM THAT 1-AMILICENSED UNDER PROVI810N5.OF CHAPTER-D _ COMPENSATION INSURANCE (COMMENCING WITH SECTION 70001 OF DIVISION S OF THE BUSINESS AND GHIS SECTION NEEO,NOT BE COMPLETED. IF THE PERMIi.IS FOR ONE HUNDRED PROFESSIONS CODE. AND MY LICENSE IS IN FULL FORCE AND EFFECT. OOLLAfl51f1001 Oq LESSJ �•1• •.` 1 1 a �J LICEN$ECLAS� ` ` `' LIC.NO. Q , I CERTIFY THAT IN THE PERFORMANCE.OF THE WORK FOR WHICH THIS PERMIT IS ISSUED 1 SHALL NOT, EMPLOY ANY•PERSON IN ANKMANNER SO:/3 TO_ BECOME ..LY/� (� CONTR;CTOR 1'IPL�MAh1'_\-I i�LATtF -4�-_,C4- 3 BJ CT•TOT V E S'COMPENB TI0 -LAWS OFCALIPO NIA. 1•� :.. +wM��,.•p•5.,.�.t�:1 `.P. 4 S. 1 DATE APPLICANT ' �� 3 11. \y�\gVtf�(E[JZUILDER RFECb9RAT,IONJ h.� q\� '<<Y..<NDTICE ro'ATPucrNT�IF.,�Avj'tRMAjWA THIs':QennrlGF.rE oF`E�,�LSpn k You •SHOVED THE W PROVISIQN$OPTHE I HEREBY AFFIRM THAT I AM EXEMPTFROM THE CONTRACT00.5 OCENSE L'AW FOR THE. �UStNESSrAND BECOMCSUBJECTTO` RKERS'COMPENSATION "BOB CODE. YOUWITH SUCHPROV1810NS OR THIS PERMIT FOLLOWING REASON(SEC.70310. PROFE$i10NS CODE, NY CILYDR COUNTY WHICH REQUIRES A PERMIT ONSTgUD ` LTEqq,, INp�I�OV}."`Q<<C<�I.IOi1S OR• • ALSO MEDU��R.T•HW`THCOMPLY ���j � J. ¢V `` ' h(••^�~' Cl�l L1:N DII'7G AG NCY gEPAIq ANY STRUCTURE. P0.10R TOyT148 SSUANCE. REQUTA�ES THE. APPLICANT' FOR SUCH PERMMTO VLEA SIGNED STATEMENT THAT V. IS, LICENSED PURSUANT TO THE pROVI$IONS'00 CONTq.<GT00.'E,jICEN3E LAW RHAPTER`Q ICOMMEt<CINq•` - •CION�YRUpTION 1 REBEBT fFFIflM ��T�111AT�TH RE IS A CONSTRUCTION yEN�ING AGENCY F00. THE WITH SECTIONT0001 OF DIVISYONlOFTHCBUSINESA AN OPROFESSIONedOOYIOIL- �TERPORMANdxjkr,jllr< WOR,`OR-WHICHSHIBpF•11MtT.L3�I,5;pum(SEC. 30D7. CIV CJ 1 ' THAT HE12'EXEMPTTHEREFROM AND THE BASIS FOR THE ALLEGED-EXEMPTIO�1 ANY LENDER'S NAM[ '• VIOLA Of.ACCT1ON 7031.5 OVJANY APPLICANT FOR A PERMIT.SURJ%CTS.TME APPLICANTTO A<IYILUPEN'LTF OF NOT MOREYHAN FIVE)1FINOflE0.0OL`L�.R5�f8001M+\tE(yDCR'BJ�ORESSy�"Y� l "'•'� ~�VL'rT� I CERTIFY THAT 1 HAVE READ THIS APPLICATION XND $TATE-THAT THE ABOVE ❑ 1 AS OWNER OF THE PROPERTY. OR MV EMPLOYEES WITH -WAGES ASYMEII[SOLE COMPENSATION. WILL DO THE WORK. AND THE STRUCTURE IS NOT. INTENDED OR OIFEREO'FOR SALE (SEQ 7044. BUSINESS AND PROFESSIONS`CPDE( }qE"• INFORMATION IS CORRECT. I AGREE TO COMPLY WITH ALL CITY AND COUNTY ORDINANCES AND gTATB LAWyy RELATING TO eUILO1NGC9NSTRUCTION. ANO NRREBY THIS. ENTER UPOii+THC CONTRACTOR'S LICENSE LAW DOES NOT APPLY TO AN OWNER OIFPROFERTY WNO BUILDS OR IMPROVES THEREON, AND WHO DOES SUCH WORK•HIMSELF OR THROUGH AUTHORIZC V EPYE$ENTATIVES. OF COUNLY-`XQ r ABOVE -MENTIONED PROPERTY FOR INSPECTION PURPOSES, HIS OWN EMPLOYEES. PROVIDED THAT SUCH IMPROVEMENTS ARE NOT INTENDED OR OFFERED FOR IF: THE WITHIN' `. \ 1 • 1. \:' • �.. ?.. `�' �� T. SALE HOWEVER. BUILVING OR. IMPROyEMERTilA30LD ONE YEAR OF COMFLCTION. THE OWNER -BUILDER WILL HAVE THE BURDEN OF PROVING THAT HE BID NOT BUILD OR IMPROVE FOR THE PURPOSE OF $ALEL. ; 1\ \ ` ( - ,DATE\� � ❑ i,RA OWNER THE AM EXCLUSIVELY LICENSED SIONATU FPERMITTEE - -' CONTRACTORS TO CONSTRUCT THE PROJECT lSEC., 70A4. BUSINESS AND TO CONSTRUCT ISEC410 4walU NESS PROFESSIONS COOS[THE CONTRACTOR'S LICENSE LAW DOES !}OT.APPLY TO AN OWNER OF PROPERTY WHO BUILDS OR IMPROVES'THEREON.`AND WHO"CONTIFACTB - s�B[. �a,+; $: h4o•;'�',•U'a_" Zbi§Bi Fee's $449�J FOR SUCH PROJECTS WITH A CONTRACTORISI LICENSED 'PURSUANT yTQ'FHE, CONTRACTOR'S LICENSE LAWJ A !L r�i\iQ�./!S.J4`S�rPI'• 1[F§0+$'�'b,L^�\O T-\�.�•,.TldTaS ❑ I AM E%EMPT yNCER 9E6 BNIgP.C. FOR TN15 0.EASO _ _ - • 1'irynaf Vd. $ Atli• P!C Fee $• (��� (q{��' �J,.•< �1 I. $ .6 Total Fms $•- 21,9aa 4i DATE• _.Il ..•i _.T 1: •r �dW'NBA Si.`J .'}�1 e`.�'�- �•w I WORK MUST BE STARTED WITHIN A PERIOD OF 180 DAYS FROM THE DATE OF VALIDATION OP. -THIS PERMIT BECOMES NULL AND VOID, PLAN CHECK VALIDATION C© M.O. CASH PERMIT VALIDATION CK. M.O. CASH b^ 8 Ric o 3 OgAIV A 0 In 9 -• f.3 -Tot l _:- a C Ir 0 U W o_ z Z TO: Daniel Ohl, Deputy City Attorney FROM: Marc Myers, Associate Planner DATE: 11-2-95 RE: Proposed addition at 227 20th Street As stated in a prior letter to Mr. Pigneri, the maximum allowable square footage for this commercial office space is 2746 square feet. The new calculations provided to us by some unnamed engineer find the existing and proposed commercial building area to be 2862.11 sq. ft., this number alone exceeds the maximum allowable by 116.11 sq. ft.. Also the new calculations fail to include a bathroom area which was previously included in square footage calculations. The bathroom area is 121 sq. ft. as measured on "tissue overlays" of the actual approved working drawings done just prior to the issuance of the original building permits. Thus the total of the actual existing and proposed square footage exceeds the maximum allowable by 237.11 sq. ft.(2862.11 + 121 = 2983.11/ 2983.11 - 2746 = 237.11). By using these new calculations which appear to be done by C.A.D., they show the existing commercial building area as 2564.9 sq. ft.; the total floor area minus the proposed addition (2862.11 - 297.21 = 2564.9), therefore the actual existing building as provided by the new calculations and including the bathroom area left out is 2685.9 sq. ft.(2564.9 + 121 = 2685.9). Subtracting this figure which represents the existing square footage of the commercial office area from the maximum allowable leaves the remaining additional square footage allowed (2746 - 2686 =60). The commercial area appears to be under the maximum allowable by 60 square feet. In tam the proposed addition of 297.21 sq. ft. is not permitted and should be removed. In addition, the applicant is required to pay for any applicable building plan -check fees as well as a special Planning Department re -check fee for 3.5 hours of work at $50.00 per hour. SELLER & SELCER —Development Company October 13, 1995 Mr. Ohl City Attorney's Office P.O. Box 1769 Newport Beach, CA 92658-8915 Dear Mr. Ohl; V Thank you for taking the time to discuss the problems at The Newport Bay Villas located at 227- 233 20th Street in the city of Newport Beach. To memorialize our conversation, the problem with Mr. Pigneri is his blatant disregard for his neighbors, tenants, the law, and common decency. He had a C.U.P. for the construction of this project. My brother, Marvin, and i each purchased one of the residential units in the building; which included two commercial units as rentals (one for each home). Immediately after the close of escrow, Mr. Pigneri began construction of his private office out of the common area hallway which included one of two exits from the building's hallway. When we inquired about the construction, his response was, "It's none of your damn business, this is my building." Mr. Ohl, on the remote chance that his "bootlegged" addition could meet building codes, it still is not the design nor the intention that was voted upon at the City Council. We feel that he has no right to make this blatant change. if his calculations are correct, then 1 request that he be required to file for a new C.U.P. so that Marvin and I have the opportunity to voice our objections to the City Council. Also, as I mentioned, his C.U.P. required him to present a method of handling disputes between the residential and commercial, I would appreciate your interpretations of that requirement. Again, thank you for your concern in this matter. R:w. e a" Respectfully, PLANNING DEPARTMENT CITY OF NEWPORT BEACH iS& OCT 19 1995 PH ac Selcer 122819110111112111213ASA 227 20th Street, Suite 103, Newport Beach, California 92663 (714) 675.9785 • Fax: (714) 675-9788 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768„NEWPORT BEACH, CA 92658-8915 (714) 644-3131 October 23, 1995 Charles Pigneri 229 20th Street Newport Beach, CA 92663 RE: Revocation of Building Permit B 95-01605 Dear Mr. Pigneri: As you will recall, on July 10, 1995, you were given explicit written advisement of your inappropriate action in converting common corridor areas to office or tenant space. This was clearly not contemplated or approved under Use Permit No. 3379. You -were asked to provide written notification of your intentions no later than July 31, 1995. For whatever reason, you chose not to respond or comply. Thereafter, on August 15, 1995, the Building Department received your letter requesting an extension of time. That request was denied in a return letter dated August 16, 1995. You were further advised that your only solution would be to apply for demolition permit to remove the unpermitted office. On August 30, 1995, you received a letter from this office setting ari office conference for September 12, 1995. As a result of that meeting, you were to retain a certified surveyor to verify the square footage and location of the building on the lot. You were also to resubmit a complete set of plans and specifications for the entire building. You were given until October 13, 1995 to do so, as set forth in our letter of September 14, 1995. As of this date, we have yet to receive any contact from you whatsoever or the items that you advised you would submit. As a result, and because we have no evidence to. the contrary, the conversion of the common areas into 'an office space is thus in violation of your building permit. As such, it is necessary for you to remove walls which have converted the common area into an office and obtain the necessary permit to do so. In the event that you are unwilling to do so, we will have no choice but to compel your compliance. 3300 Newport Boulevard, Newport Beach Please contact our offices should you have any questions or comments. Very truly yours, `'�,,\ 'I�AA DaAiel K. Ohl Deputy City Attorney for the City of Newport Beach DO: de cc: Raimar Schuller, Building Rusty Price, Building Don Skelly, Building Mark Myers, Building de\pigneri3.ltr ___ __eAJNERS "'O A � �S+d,d o� c^� O` Y c0 "�ao� W q,�� y,� 0 0 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX B. Site Plan Review No. 58, Findines• 1. That the proposed site plan gives due regard to the aesthetic qualities of the harbor. 2. That the site does not contain any unique landforms such as coastal bluffs. 3. That the development is compatible with the character of the neighborhood and will contribute to the orderly and harmonious development of surrounding properties and the City. 4. The development is sited and designed to maximize public views from the street end. 5.. That there are no environmentally sensitive areas on -site. 6. The property does not contain 'any areas .of unique geologic hazards. 7. Residential development will meet City noise standards. 8. The site plan and layout of buildings, parking areas and pedestrian and vehicular access are functional in that there will be a minimum of commercial/residential conflicts. 9. The development is consistent with the General Plan, the Local Coastal Program, Land Use Plan and the Cannery Village/McFadden Square Specific Area Plan. 10. Mgchanical equipment and trash enclosures are concealed from view. 11. That there are no archeological of historical resources on - site. 12. That the, -project is designed so as to be compatible with the adjacent residential uses:' -27- pt ;. .� � - � �, 't ro .. •1 . 46,14 ro cd w .24 AREA = 1070.18 S.F. r , co • 66 8b'ZE N �^ 32• ry AREA = 297.21 S.F. r � ES'bZ P ' • .. 3808 . � 4k . AREA = • 824.65 S.F. w N '28;06 . TOTAL OUTER AREA (INCLUDED 6 WALL) 0 2862.11cu • AREA = 493,06 S.F. Z'61 10-12-95 'PAGE.-5 REM1 DESCRIBE FIGURE BEARINGS 1 POINT BEARING 1 • •S 90 00 OO.A00 E 2 S ',13.38 28.761 W 3 S 80 27 28.255 E 4 N 80 27 28.255 W 5 S 04 01 34.167 W 6 • N 00 52 58•.169 E. 7 N 90 00 00.000 W 8 N 49 22 59.110 W 9 N • 00 00 00.000. E 10 S 90 00 00.000 E 11 N 00 00 00.000 E 12 • N 90 '00 00.000 W 13 N 00 00 00.0001 E •1 CIRCULAR CURVE CENTRAL ANGLE _ CHORD DIRECTION = RADIUS = . LENGTH = TANGENT = CHORD = EXTERNAL = MIDDLE ORDINATE _ DISTANCE NORTH EAST COORDINATE COORDINATE 1000.0000 1000.0000 46.1400 1000.0000 1046.1400 21.6300 • 978.9802 1041,0387' .3000 978.9304 1041.3346 5.7000(RADIAL) CURVE CENTER 979.8753 1035.7134 5.7000(RADIAL) 974.1894 1035.3132 - .4006 ' 974_._59-00 1035.3194 32.4800 ` 974.5900• _ 1002.8394 4.9000 • 977.7800 999.1200 9.8700 987.6500 999.1200 -4.2400 , '987.6500 1003.3600 8'.6300 996.2800 1003.3600 3.3600 996.2800 •1000:0000' 3.7200 1000.0000 1000.0000 4 5 6 R ,84 29 02'.422 S 51 47 02.956•W 5.7000 8.4048' 5.1761 7.6636 1.9995 1.4802 DESCRIBE FIGURE BEARINGS 2 POINT, BEARING p DISTANCE NORTH COORDINATE EAST COORDINATE 10-1245 PAGE. 6 REM1 21 - 974.2892 1002.5949 S 33 45 20.718 E .4400 22 1 1 973.9233 1002.8394 S 90 00 00.000 E 32'.0000 23 973.9233 1034.8394 S 00 00 00.000•W 5.4.200 24 968.5033 1034.8394 N 90 00 M.000 W 10.5500 25 968.5033 1024,289.4 S 00 00 00.000 W 4.4000 26 964.1033 1024.2894 N 90 00 00.000 W 24.8300 27 -964.1033 999.4594 N 00 00 00.000 E 7.0000 '28 971:1033 999.4594 N 44 32 38.431 E 4.4700 21 974.2892 1002.5949 DESCRIBE FIGURE BEARINGS 3 POINT BEARING DISTANCE NORTH. EAST --------------- ------- COORDINATE -------------------- COORDINATE ----- 31 ------------------ 963,.6033 999.4594 S '90 00 00.000, E 38.0800 32 963.6033 1037.5394 S 14.05 53.•916 W 9.1800 33 958.5794 1036.2776 S 75 54 06.084 E .2200 34 058.5258 1036.4910 S 14 05 53.916 W 14.3000 35 944:6565 1,033.0077 N 75 54.06.084 W :2200 36 I . - 944.7101, 1032.7943 S 14 05 53.916, W '2'.0200 - O�q 942.75.09 1032.13023 S.69 20 17.228 E .2500 38 942.6627 1032.5362 69 20 17.228 W 3•.7500(RADIAL)' 39 .N CURVE CENTER •943.9859 1029.0274 S 09 36 28.241 W 3.7500-(RADIAL) 40 940.2885 1028.4015 N 09 36 26.241 E .2560 4f 940.5350 1028.4432 N 74 21 27.913 W .6600 42 940.7130 1027.8077 S 15 38-32.087 W :.5500 43 940.1833 1027.6594 REMI N 90 00 00;000 W• 28.2000 44 N.00 00.00.000 E ,' 23.4200 31 . CIRCULAR CURVE 38_ 39 40 R CENTRAL ANGLE _ 78 56 45.469 CHORD DIRECTION S ,60. 08 05.506 •W RADIUS 3.7500: LENGTH .= 5.1670 TANGENT = 3.0883 CHORD = 4.7679' EXTERNAL = 1.1080' MIDDLE ORDINATE _` .8553 DESCRIBE FIGURE BEARINGS ,4 10=12-"95 ;PAGE 7 940.1833. • 999•.4594 '863.6033 999.4594 POINT' - BEARING DISTANCE• NORTH EAST " - _.-_,-_-COORDINATE COORDINATE _-_-__-. _____ 51 `- 939.6833 999.4594 S 90.00 00.000 S 28.0600 52 1.' 939'.6833 1027.5194 S 13. 23 23.588 .W 16.0100 924.10-85;: 1623•.8119 53 S. 70 04' 13,437 E .2500 1.. 54 924.0233' 10241.0469 N'70 04' 13.137 W 5.7500(RADIAL)- 55 CURVE CENTER - 925.9833 1018.6412 S 00'11 26.626 E .. 5.7500(RADIAL) 56 920.2333, 1018.6602 . N. p0 ,11 -20.626 W., - .2500 57 1 920:4833 1018.6594 90,'00 00-9000 W 19.2000 . IN `58 920.4833_ 999:4594 41 ' •N-0'0 00 -00.OwE 19.2000 939.6833 999..4594 CIRCULAR".CURVE• "-, 54 55 56 R CENTRAL ANGLE _ '69.52 52.511: CHORD DIRECTION, = S 54' 52' 13.119 W RADIUS = 5.7500 LENGTH =. 7:0130 TANGENT "4•.0173 CHORD = - 6.5864� EXTERNAL = '1.2644 MIDDLE ORDINATE u` 1;0365,•, 0 w , T �r�TY OF NEWPORT BLACH MINUTES G y9 REGULAR COUNCIL MEETING Chambers Nil' 2 �D G�O� PLACE: Council \� DATE: June 25, 1990 Presentation of Certificate of Appreciation to Mayor and Council Members by the Adult Learners of Newport Beach Public Library Literacy \ \ Services. Present x x x x x A. ROLL CALL. Absent x Motion x B. Reading of Minutes of Meeting of June 11, All Ayes 1990, was waived, approved as written, and ordered filed. Motion x C. Reading in full of - all ordinances and All Ayes resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. N, HEARINGS: 1. Ma r Plummer opened the public hearing and City ouncil review of an appeal by Mr. and Mrs. Y ui from the action taken by the Planning ommission on May 24, 1990, to deny Modif ation No. 3688, on property located at 34 Cameo Shores Road. A request to permit the tention of an as -built 5 foot 6 inch high nought iron fence and related 6 foot high tone pilasters topped with 2 foot high li t fixtures, which encroach 15 feet into th required 15 foot front yard setback adjacent o Cameo Shores Road, and which also encroac 15 feet into the required 15 foot front y d setback adjacent to Hampden Road. The nt yard setbacks are established by District' g Map No. 31. Report from the Planning Department. Appeal application of Mr. & Mrs. Yasui. Letter from Attorney Mitch Moriyasu Michino, representing applicants, requesting continuance to July 9, 1990. Motion x Motion was made to c All Ayes ng o July 9, 1990, as requested by y the applicant's attorney. 2. Mayor Plummer opened the public hearing and City Council review of USE PERMIT NO. 3379. A request of PIGNERI DEVELOPMENT., to allow a proposed mixed use residential/commercial structure to exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District; to allow commercial development of the site which maintains a Floor Area Ratio which is less than 0.25; and to allow a general office use which Volume 44 - Page 214 3688 (94) ")`'ITY OF NEWPORT 66CH COUNCIL MEMBERS LL June 25, 1990 AMINUTES must be in -conjunction with an Incentive Use occupying at least 40% of the site; and the acceptance of an environmental document. Property located at 227 20th Street, on the westerly side of 20th Street, on the Rhine Channel, in the, Cannery Village/McFadden Square Specific Plan Area. AND SITE PLAN REVIEW NO. 58 - Request to permit the construction of a mixed use residential/commercial development containing general office use on the ground floor and three dwelling units on the second and third floors on property located in the "Recreational and Marine Commercial" area of the Specific Area Plan. nlul U/P 3379 to Pln w 58 RESUBDIVISION NO. 924 - Request to Resub 924 resubdivide an existing lot into a single parcel of land for mixed use condomnium purposes so as to create one office condominium and three residential condominium units. Report from the Planning Department. The City Manager, in reviewing the staff report, noted the following with regard to the subject application: The project is basically a condominium with commercial on the first floor and residential on the upper floors. The roof line proposes to exceed the basic height of 26 feet with the Planning Commission imposing a height limit not to exceed 31 feet. The project is residential/condominium mixed use, with one of the concerns being that there could be different owners for each of the units, and with the boat charter on the subject property, there is -a --potential conflict of uses, inasmuch as it will not be all residential or all commercial. As a result of this concern, the Planning Commission imposed' a condition (No-.-21) that states, "The applicant shall include within the project's Covenants, Conditions and Restrictions (CC&R's), specific language pertaining to the method and procedure for resolution of conflicts that may occur between the residential condominiums and the commercial condominium. Said language shall be submitted to the City for review and approval by the City Attorney, prior to the recordation of the parcel map." Volume 44 - Page 215 'CI Y OF NEWPORT BACH Motion Motion x N�nO f \� S June 25, 0 MINUTES 90 The Planning Director explained the proposal as depicted on the drawings on display. He referenced the boat charter operation, summarized potential problems relative to this operation adjacent to a mixed use, and also addressed the setback requirements, proposed sidewalks, landscaping and parking. Charles Pigneri, applicant, 1131 E. Balboa Boulevard, addressed the Council in support of his request. He advised that the boat charter operator has made arrangements with Hutchison Body on Newport Boulevard and Industrial Way to park the bus which will be used to transport charter users to the site. He also emphasized that he intends to sell only one condominium from this project which means he will keep two under his ownership, as well, as all of the commercial use. He also noted there will be 6-foot-wide corridors between the buildings, and a 6-foot sidewalk around the perimeter of the project, Council Member Strauss expressed his desire to adhere to the height limit in this area. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to sustain the decision of the Planning Commission, based on the Findings and Conditions contained in Exhibit "A" of the staff report. Council Member Watt spoke against the motion, noting she felt the subject property was being "over used," and she was concerned with the fact there would be no parking for the boat charter bus. Following discussion, substitute motion was made to sustain the decision of the Planning Commission, based on the Findings and Conditions contained in Exhibit "A" of the staff report, with the deletion of that portion of landscaping south of the public bulkhead, and that the boat charter operation at this location be reviewed by the appropriate agency. It was pointed out in discussion that a Commercial Harbor Activities Permit has already been issued by the Marine Department, •as well as a Marine Charter Permit by the License Department for the subject area, and that the charter operation currently being conducted will change to some extent by virtue of the proposed development. The City Attorney Volume 44 - Page 216 U/P 3379 °iiTY, OF NEWPORT BEACH COUNCIL MEMBERS MINUTES T Aid June 25, 1990 indicated he felt both the Tidelands Administrator and License Supervisor will take a "hard look" at the type of operation being proposed during the construction phase and afterwards, and as a result, impose enough conditions to'assure that the transportation issue works. He also advised that the subject permits could be revoked, or no new permits issued if it is determined that the boat charter operation is incompatible with the area. Ayes I I Ix I x I x I x I I The substitute motion was voted on and Noes x x carried. r E. PUBLIC COMMENTS: 3379 1. A resident who requested to remain Beach Mnt..c anonymous addressed the Council regarding her concern with broken glass on and around the beaches. Mayor Plummer advised that she would have the appropriate department investigate. 2. Ginger Varin, President of Newport Beach NBCEA Employees Association, addressed the Council and expressed appreciation for the prompt and courteous manner she and her fellow associates were given during the past negotiations. She also thanked the Council for the consideration they gave to theif association's proposals. 3. Sid Soffer, 900 Arbor Street, Costa Mesa, Bryant/ addressed the Council regarding the Sundaga Claim Bryant lawsuit. 4. John Nicoll, Member of the Library Board of New Central Trustees, addressed the Council and Library a nounced that the California State Library ha awarded the City a funding grant of $727, 87 £or interior furnishings, etc., for th New Central Library. 5. Mayor P\here ended a safe and sane 4th 4th of of Julation to everyone, and July/ advisedre will be a parade and Fireworks picnic s Park at 10:00 a.m., with fireworthe Newport Dunes and Big.Canyy ub. She reminded that the saleof f eworks is prohibited in the Volume 44 - Page 217 r r CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 September 14, 1995 Charles Pigneri 229 20th Street Newport Beach, CA 92663 RE: Revocation of Building Permit B 95-01605 Dear Mr. Pigneri: Initially, thank you for meeting with us on September 12, 1995 in our offices. As discussed, I will contact Ray Schuller to confirm the context of your telephone conference with him between the initial letter of July 10, 1995 and the July 31, 1995 deadline. Second, you will retain a certified surveyor other than the individual first used, to verify the square footage of the entire building, and the location of the building on the lot. Third, you will resubmit a complete set of plans and specifications for the entire building along with the certification statement. The plans will then be resubmitted through the appropriate channel for review, and, hopefully approval. We hope to have this matter submitted, reviewed and decided upon by Friday, October 13, 1995. Again, thank you for your courtesy and cooperation in resolving this matter: Very truly yo �-A\ r , Da K. Ohl Deputy City Attorney for the City of Newport Beach DO: de CC: Raimar Schuller, Building Rusty Price, Building Don Skelly, Building Marc Myers, Planning de\pigneri2.1tr 3300 Newport Boulevard, Newport Beach 1 ( J 'Ma"T J 77 � orzovni�a / � i /l pcF.aui .sci,Fp <'f 6.4/aw ��J RIWYLF_ 4YJN JlJ. r�._. oG q0 {gicj- City Council Meeting June 25, 1990 Agenda Item No. D-2 CITY OF NEWPORT BEACH o TO: City Council FROM: Planning Department SUBJECT: A Use Permit No. 3379 (Public Hearing) Request to allow a proposed mixed use residential/commercial structure to exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District; to allow commercial development of the site which maintains a Floor Area Ratio which is less than 0.25; and to allow a general office use which must be in conjunction with an Incentive Use occupying at least 40% of the site; and the acceptance of an environmental document. B. Site Plan Review No. 58 (Public Hearing) Request to permit the construction of a mixed use residential/commercial development containing general office use on the ground floor and three dwelling units on the second and third floors on property located in the 'Recreational and Marine Commercial' area of the Cannery Village/McFadden Square Specific Plan Area. WE C. Resubdivision No. 924 (Public Hearing) Request to resubdivide an existing lot into a single parcel of land for mixed use condominium purposes so as to create one office condominium and three residential condominium units. LOCATION: Lot 13, Block 220, Section A, Newport Beach, and property bayward of Lot 13, to the U.S. Government bulkhead line, located at 227 20th Street, on the westerly side of 20th Street, on the Rhine Channel, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP-6 PLICANT: Pigneri Development, Newport Beach OWNER: Same as applicant ENGINEER: RdM Surveying Inc., Costa Mesa Application These applications involve a request to approve a Site Plan Review so as to permit the construction of a mixed use residential/commercial development containing general office use on the ground floor and three dwelling units on the second and third floors on property located in the "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area. The proposal also includes a request to approve a use permit so as to allow the proposed structure to exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District; to allow commercial development of the site which maintains a Floor Area Ratio which is less than 0.25; and to allow a general office use which must be in conjunction with an Incentive Use occupying at least 40% of the site. The proposal also includes a request to resubdivide an existing lot into a single parcel of land for mixed use condominium purposes so as to create one office condominium and three residential condominiums. Newport Beach Municipal Code contains review procedures for these applications, as follows: Site Plan Review in Section 20.01.070; Chapter 20.80, Use Permits for general commercial and office uses in conjunction with incentive uses in Section 20.63.035; Use Permits for commercial floor area in mixed use developments less than 0.25 FAR in Section 20.07.040(C); and Resubdivision procedures in Section 19.12.040 of the Municipal Code. Suggested Action Hold hearing; close hearing; if desired, sustain, modify, or overrule the decision of the Planning Commission. Planning Commission Recommendation At its meeting of May 24, 1990, the Planning Commission approved these applications (5 Ayes, 2 Absent) with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated May 24, 1990. Staff has also attached a copy of the Planning Commission staff report with addendum which sets forth the significant considerations of the proposed project. It should also be noted that the Planning Commission's approval required: that the structure not exceed 31 feet 6 inches in height; that the roof deck be deleted; that the requirement for the 5 foot wide public access easement along a portion of the westerly property line be deleted; that a park dedication fee of $ °20,683.11 be paid to the City; and that the project CC&R's include provisions for conflict resolution between the residential uses and the commercial uses on the subject property and bayward of the site. City Council Review At its meeting of June 11, 1990, the City Council voted unanimously to call these applications up for review. Concerns which the Council may wish to focus upon include the height of the project in relation to the public visual open space provided on the bayward side of the project, the interface of existing charter boat activities with existing and proposed residential uses, and the use of busses where no on -site loading, off-loading or parking facilities exist (see attached excerpt of Planning Commission minutes). Respectfully Submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director PlannerWard Senior Attachments for City Council only: Planning Commission staff report dated May 24, 1990 with attachments -and Addendum Excerpt of Planning Commission minutes dated May 24, 1990 Plot Plan, Floor Plans, Elevations and Section Tentative Parcel Map TO: -.,FROM: SUBJECT: Planning Commission Meeting May 24, 1990 Agenda Item No. 7 CITY OF NEWPORT BEACH Planning Commission Planning Departivent A. Use Permit No. 3379 (Public Hearing) Request to allow a proposed mixed use residential/commercial structure to exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District; to allow commercial development of the site which maintains a Floor Area Ratio which is less than 0.25; and to allow a general office use which must be in conjunction with an Incentive Use occupying at least 40% of the site; and the acceptance of an environmental document. B. Site Plan Review No. 58 (Public Hearing) Request to permit the construction of a mixed use residential/commercial development containing general office use on the ground floor and three dwelling units on the • second and third floors on property located in the 'Recreational and Marine Commercial' area of the Cannery Village/McFadden Square Specific Plan Area. n. 001 C. Resubdivision No. 924 (Public Hearing) Request to resubdivide an existing lot into a single parcel of land for mixed use condominium purposes so as to create one office condominium and three residential condominium units. LOCATION: Lot 13, Block 220, Section A, Newport Beach, and property bayward of Lot 13, to the U.S. Government bulkhead line, located at 227 20th Street, on the westerly side of 20th Street, on the Rhine Channel, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP-6 APPLICANT: Pigneri Development, Newport Beach Y OWNER: ENGINEER: Application Planning Commission - 2. Same as applicant RdM Surveying Inc., Costa Mesa These applications involve a request to approve a Site Plan Review so as to permit the construction of a mixed use residential/commercial development containing general office use on the ground floor and three dwelling units on the second and third floors on property located in the "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area. The proposal also includes a request to approve a use permit so as to allow the proposed structure to exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District; to allow commercial development of the site which maintains a Floor Area Ratio which is less thaA 0.25; and to allow a general office use which must be in conjunction with an Incentive Use occupying at least 40% of the site. The proposal also includes a request to resubdivide an existing lot into a single parcel of land for mixed use condominium purposes so as to create one office condominium and three residential condominiums. Newport Beach Municipal Code contains review procedures for these applications, as follows: Site Plan Review in Section 20.01.070; Chapter 20.80, Use Permits for general commercial and office uses in conjunction with incentive uses in Section 20.63.035; Use Permits for commercial floor area in mixed use developments less than 0.25 FAR in Section 20.07.040(C); and Resubdivision procedures in Section 19.12.040 of the Municipal Code. Environmental Significance In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, an Initial Study has been prepared for the proposed project. Based on the information contained in the Initial Study, it has been determined that the project will not have a significant effect on the environment. Therk `ore, a Negative Declaration has been prepared for the project and is attached for the F anning Commission's information. Conformance with the General Plan and Local Coastal Program, Land Use Plan The Land Use Element of the Newport Beach General Plan and the Local Coastal Program, Land Use Plan designate the site for "Recreational and Marine Commercial" use. This land use designation is intended to encourage coastal -dependent, coastal - related and visitor serving land uses. Residential development is allowed above the first floor. General commercial or office land uses require the provision of a 409o' mix of incentive uses. The Land Use Element specifies a land use intensity limit of 0.5/1.0 FAR, with mixed use commercial/residential development allowed up to a Floor Area Ratio of 1.25. The ,�r Planning Commission - 3. covered parking FAR allocation for mixed use projects is 0.35, so the mixed use building bulk limit is 1.60. One residential unit is allowed for each 2,375 sq.ft. of buildable lot area which would allow five dwellings on the 12,566 square foot site. The residential portion of the project contains 9,380± sq.ft. or .746 FAR. The 2,746 sq.ft of commercial development equals .218 FAR. Covered parking occupies 2,160± sq.ft., or .172 FAR. The total building bulk of the project is 14,286± sq.ft. or 1.137 FAR. The project is consistent with the provisions of the Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan. Subject Prooeny and Surrounding Land Uses The subject property has historically been used as a boat yard. To the north, is Newport Bay; to the east, across 20th Street, is a multi -family residential apartment; to -the .south, is a duplex, and to the west, is an operating boat yard. Background At its meeting of July 24, 1986, the Planning Commission approved Use Permit No. 3213 which included a request to permit the construction of a 35 unit bed and breakfast facility which exceeded the 26 foot basic height limit in the 26/35 Foot Height Limitation District. Said approval also included a related traffic study and a resubdivision so as to combine four parcels into a single building site (the previous project also included the two adjoining lots to the southwest). The action of the Planning Commission is set forth in the attached excerpt of the Planning Commission minutes dated July 24, 1986. At its meeting of August 25, 1986, the City Council sustained the action of the Planning Commission. For the Planning Commission's information, staff has attached excerpt of the July 24, 1986 Planning Commission minutes and the August 25, 1986 City Council minutes. Angly§k As indicated previously, the applicant is proposing to construct a mixed use commercial/residential development containing 2,746 square feet of commercial floor area and three dwelling units. The proposed residential units will include three bedrooms, a living room, a family room, kitchen and 3 1/2 bathrooms. Each residential unit will include a four car garage in a tandem configuration. The required commercial parking spaces will be open, surface parking located on the southwesterly portion of the site. The other major characteristics of the project are set forth in the following outline: Standard Allowed lRequired Commercial Floor Area 3,141 sq.ft. (.25 FAR) min. 6,268 sq.ft. (.5) max. Residential Floor Area 9,424 sq.ft (.75 FAR) 2,746 sq.ft. (.218 FAR) 9,380± sq.ft.(.746 FAR) z Planning Commission - 4. Standard Covered Parking FAR Allocation Building Bulk Dwelling Units Commercial Parking Residential Parking Building Height Setbacks: 20th Street Bulkhead Side Southerly Side Rear Allowed /Required 4,398± sq.ft. (.35 FAR) 1.60 FAR' 5 11 spaces 5 spaces (1.5 per DU) Proposed 2,160± sq.ft. (.172 FAR) 1.137 FAR 3 11 spaces; one of which is handicapped 12 spaces (4 -per DU); six of which are tandem spaces 26/35 feet 32 ft. to top of flat roof, 35 ft. to top of mansard roof (Le. top of roof deck railing); 34 ft. average height of skylight; 35 ft. maximum height of skylight Site Plan Review No. 58 e 5 feet Varies 5 ft. to 8 ft: 6 in. on ground floor; 5 ft. on second and third floors 10 feet Varies 11 ft. to 15 feet on ground level; 15 ft. for building and 10 ft. for deck on second level; 25± ft. for building and 16 ft. for deck on third level None 43.6± ft. None 4± inches The Cannery Village/McFadden Square Specific Area Plan requires Site Plan Review for all development in all RMC - Recreation and Marine Commercial areas. The review of site plans have specific standards of review as established in Section 20.01.070 of the Newport Beach Municipal Code. Each standard is listed below, with a brief discussion of the project as it relates to each. �f TO' Planning Commission - 5. 1. Sites subject to Site Plan Review under the provisions of this chapter shall be graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, and landscape, giving special consideration to waterfront resources and unique landforms such as coastal bluffs or other sloped areas; trees and shrubs shall not be indiscriminately destroyed: The proposed project does not include relocation of the existing bulkhead, and will not, therefore, have any permanent effects on waterfront resources. There are no coastal bluffs or sloped areas on site, nor are there any trees or shrubs on -site. 2. Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City. The Cannery Village area which surrounds the project site is intensively developed with a mixture of marine and visitor serving retail, restaurants, and office uses. Recent redevelopment in the Cannery Village area has been predominantly mixed use (commercial/residential) in nature. This project represents a continuation of the trend to commercial/ residential mixed use in the area. 3. Development shall be sited and designed to maximize protection of public views, with special consideration given to views from public parks and from roadways designated as Scenic Highways and Scenic Drives in the Recreation and Open Space Element of the General Plan: There are no view parks or roadways designated as a Scenic Highway or Drive in the vicinity of the project. The project is designed, however, so as to provide expanded front and side yard setbacks adjacent to the bay and the street end so as to provide a greater amount of public visual open space. In addition, a public access easement is provided adjacent to the bay. 4. Environmentally sensitive areas shall be preserved and protected No structures or landform alteration shall be permitted in environmentally sensitive areas unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council, on review or appeal, finds that the benefits outweigh the adverse impacts: There are no environmentally sensitive areas within the buildable area of the project site. 5. No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council, on review or appeal; finds that the benefits outweigh the adverse impacts. The site is not located in an area of particular geologic hazard, other than the seismic hazards common to the Southern California area. 6. Residential development shall be permitted in areas subject to noise levels greater than 65 CNEL only where specific mitigation measures will reduce noise levels in exterior areas to less than 65 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less. The project is not impacted by noise levels greater than 65 CNEL Planning Commission - 6. 7. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of site development: The proposed project has been designed so as to locate all of the project related parking on the rear portion of the site adjacent to 20th Street which is separate from the pedestrian access to the site located in the middle and - front portions of the site. 8. Development shall be consistent with specific General Plan and applicable Specific Area Plan policies and objectives, and shall not preclude the implementation of those policies and objectives: As discussed in the General Plan Compliance section, the proposed project is consistent with the General Plan. 9. Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources: The proposed development is a mixed use, commercial/ residential project which is oriented to both 20th Street and Newport Bay. Due to the limited size of the site, the applicant has no alternative but to use at grade parking adjacent to the street. However, it should be noted that the building bulk FAR of the project is still .46 less than the maximum allowed. 10. When feasible, electrical and similar mechanical equipment and trash and storage areas shall be concealed: Mitigation measures have been identified and will be made conditions of approval which mandate the screening of electrical and mechanical equipment, and conceal trash enclosures. 11. Archaeological and historical resources shall be protected to the extent feasible: There are no archeological or historical resources on -site. 12. Commercial development shall not have significant adverse effects on residences in an abutting residential district: The proposed building maintains a 43± foot setback from the adjoining residential development located southwesterly of the site and the proposed commer ial parking will be separated from the residential property by a 6 foot high masc uy wall. Use Permit N% 3379 A Use Permit is required for three components of the project: to allow the proposed building to exceed the 26 foot basic height limit up to a maximum height of 35 feet in the 26/35 Foot Height Libnitation District; to allow general commercial and office uses in conjunction with incentive uses in the Recreation and Marine Commercial District of the Cannery Village/McFadden Square Specific Area Plan; and to allow the commercial component of the project to have a floor area ratio less that 0.25. Each of these requests is discussed in the following sections. TO: Planning Commission - 7. Building Height. As indicated in the previous outline and on the attached plans, the proposed building will have a maximum height of 35 feet to the top of the protective railing on the fourth level roof deck. In accordance with the height limit provisions of the Cannery Village/McFadden Square Specific Area Plan, the maximum permitted building height is 26 feet. However, said provisions set forth specific criteria by which a project may exceed 26 feet in height up to a maximum of 35 feet, subject to the approval of a use permit and provided that certain criteria are met. Each of these criteria are listed below, with a discussion of the project relative to each. 1. The development will provide for both public physical and visual access to the bay within the limits that public safety is ensured and private property protected: The design of the project includes a 6 foot public access easement along the entire bulkhead frontage of the site. In addition, the increased building setback area on soeasrto provide increasd be phy ical and oved in visual accenction ss tothe the bay access easements 2. The increased building height would result in more public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and the treatment of all setback and open area: The development standards of the Cannery Village/McFadden Square Specific Area Plan would theoretically allow a structure 26 feet in height spanning the property, although provisions for parking would have to be made, and the project would still be subject to Site Plan Review. The only mandatory setbacks are 5 feet from 20th Street and 10 feet from the bulkhead line. In addition to the required setbacks, the applicant has also provided increased building setbacks at the northeasterly corner of the site, adjacent to the bay so as to provide greater view opportunities at the street end on 20th Street. Although the required street side setback is only 5 feet, the proposed setback on the ground floor is 8 ft. - 6 in. for that portion of the building adjacent to the bay. It should be noted however, said setback is only 5 feet on the second and third floors. Concerning the bay side setback, the minimum requirement is 10 feet whereas the proposed building setback at the northeasterly comer of the site is 15 feet on the first and second floors and 25± feet on the third floor. As indicated in Section A -A on the attached plans, the applicant has indicated the proposed building envelope in relation to the required setback, so as to show the amount of additional open space adjacent to the bay. It should be noted that staff is concerned as to the amount of additional public visual open space being provided in the project and have indicated to the applicant that in order to approve the proposed building height, -the Planning Commission must determine that the increased public visual open space provided, justifies the approval of the increased building height. Should the Planning Commission determine that the amount of /y Planning Commission - 8. additional public visual open space is inadequate, it may wish to continue this item for a sufficient period of time to allow the applicant to redesign his project accordingly. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment: Although this is a somewhat subjective criterion, it could be argued that the increased building height will allow a more desirable architectural design in that a greater amount of floor area within the project will have exposure to the bay and that the expanded setbacks adjacent to the bay on the second and third floor provide for a more interesting building facade. 4. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions: The dominant structure height in the Cannery Village area is two stories, with most new construction at the 26 foot height limit. However, the apartment development across 20th Street includes three story construction which is in keeping with the height of the proposed structure. 5. The increase in height shall not result in floor area exceeding the floor area otherwise permitted: The overall building bulk FAR of the proposed project is only 1.137 which is A63 less than is permitted the Land Use Element of the General Plan. Incentive Use Provisions The Cannery Village/McFadden Square Specific Area Plan requires the provision of incentive uses if general purpose office, industrial or retail uses are provided on -site. Marine -related office, visitor serving r^tail and residential uses do not require the provision of incentive uses. The public access easement is an incentive use which will allow a portion of the ground floor of th_ building to be occupied by general commercial uses. The Cannery Village/McFadden Square SAP describes the methodology for the provision of incentive uses, based upon the usage of the site to include boat slips within submerged portions of the site up to the U.S. Pierhead Line, the inclusion of parking in the calculation, and the omission of permitted non -incentive uses from the calculation. In this particular case, the area devoted to general office use and public access is 3,506± sq.ft. Therefore, the required square footage for incentive uses is 1,403± sq.ft. (3,506± sq.ft. x .40 = 1,403± sgft.). Inasmuch as the public access easement counts toward 760 sq.ft. of incentive use, the remaining 643 sq.ft. of incentive use must be provided within the commercial floor area. The applicant has indicated that he will be able to satisfy this requirement. Planning Commission - 9. Commercial Floor Area Ratio The newly adopted Floor Area Ratio Ordinance requires the approval of a Use Permit for mixed use projects where the commercial component of the project is less than 0.25 FAR. For this project, the minimum commercial development under this criteria is 3,142 sq.ft., and the project is proposed to be 2,746± sq.ft. of commercial development The specific findings required by the Floor Area Ratio Ordinance are listed below, with a discussion of the project relative to each: 1. That the proposed commercial space constitutes a significant portion of the project: The commercial component of the project is 2,746± sq.ft. and the residential component is 9,380± sq.ft. The commercial development is approximately 22.61yo of the combined square footage. The determination of what constitutes a "significant portion" of the project is a judgement to be made by the Planning Commission. The provision of a conforming amount of commercial development is, in part, limited by the fact that the residential portion of the project is providing more parking than is required by Code, in order to offset the fact that little on -street parking is available for residential guest parking. Resubdivision No. 924 The project includes a request to subdivide the subject property into a single parcel for mixed use condominium purposes. Said subdivision will create three residential condominiums and one commercial condominium. As a result, the commercial portion of the project may be in separate ownership from the residential portions. Therefore, maintenance and operational responsibilities for the commercial air space will be separate from the residential condominium association. Based on Planning Department records, there has only been two previously approved projects in the City which included mixed use residential/commercial condominium s. The first project was approved on July 10, 1980 (Resubdivision No. 660) and included two residential condominiums over 2,710± square feet of commercial office on property located at 3267 North Newport Boulevard. The second project was approved on October 30, 1989 (Tract No. 14025) and included 35 residential condominiums over 22,500 square feet of commercial development on property located at 2602-2620 Newport Boulevard. In each of these cases there has been little concern with regards to the compatibility of certain types of permitted commercial or marine commercial uses with the residential use; however, as it appears that these types of projects are becoming more prevalent, the question of land use compatibility in cases where the commercial portion of a project is in separate ownership from the residential portion has come up. In cases where the commercial portion of a project is in the same ownership as the residential, the economic interest of the owner automatically assures resolution of any conflict between the uses. However, this potential for conflict resolution is lost when the ownership of each land use is split. In considering this matter, it is staffs opinion that the Planning Commission must consider, based on the design and location of the project, what the likelihood is for a potential conflict between the proposed residential use and certain types of permitted commercial uses such Planning Commission - 10. as marinas, boat charters, marine construction, boat repair and servicing, commercial fishing facilities and marine sales facilities. If it is determined that such a conflict may occur, the Planning Commission may wish to deny the proposed condominium concept or include a condition of approval which requires the applicant to include provisions for conflict resolution in the C C and R's. Public Access Along the Bav Front In accordance with Section 20.63.045, M of the Cannery Village/McFadden Square Specific Plan, in approving a Site Plan Review or granting a Use Permit for development on a building site with frontage along the bay, the Planning Commission or City Council, upon review or appeal, shall require the dedication of vertical and lateral public access easements, except where adequate public access already exists or where the provision of access is inconsistent with public safety or the protection of fragile coastal, resources. When it is determined that public access is appropriate, the following standards are to be applied to all lateral and vertical access. 1. Public access easements shall be a minimum of six (6) feet in width. 2. Public access easements may be provided within required setback areas. 3. All dedicated public access easements shall be recorded with the Orange County Recorder's Office in a manner satisfactory to the Public Works Department. In order to satisfy the above requirement, the applicant is providing a 6 foot wide public access easement along the side property line adjacent to the Bay and along the front property line adjacent to the Bay and street end. Inasmuch as the existing bulkhead on the subject property extends approximately 15± feet beyond the adjoining property to the northwest, staff is also suggesting that the applicant also be required to provide a portion of the connection between the easement proposed on the subject property and thelfuture easement on the adjoining property. Therefore, . Sould the Planning Commission wish to approve this project, staff recommends that a ' foot wide public access easement be granted to the City along the westerly, property line between the proposed Yfoot widle bay front easement and a point 6 feet inland from the bulkhead of the westerly property. Conclusions and Specific Findings Section 20.01.070(F) of the Newport Beach Municipal Code sets forth the standards by which the Commission is to evaluate Site Plan Reviews. Section 20.80.060 provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance and operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the /.9i Planning Commission - 11. neighborhood or the general welfare of the City. Additionally, specific findings must be made to approve a use permit to exceed the basic height limit [Section 20.63.045(H)] and to allow a commercial/residential mixed use project where the commercial component is less than 0.25 FAR [Section 20.07.040(C)]. Section 19.12.040 provides that the ,Commission shall make specific findings in order to approve a subdivision containing less than five parcels or condominium units. Should the Planning Commission desire to approve the project, Findings and Conditions for Approval are attached as Exhibit "A". If it is the desire of the Commission to deny the project, Findings for Denial are suggested in Exhibit "B". PLANNING DEPARTMENT JAMES D. HEWICKER, Director B V. iam Ward Senior Planner Attachments: Exhibit "A" Exhibit "B" Vicinity Map Excerpt of Planning Commission and City Council minutes Negative Declaration Plot Plan, Floor Plans, Elevations and Section Tentative Parcel Map BILL W\UP\UP3379 Planning Commission - 12. EXHIBIT "A" FINDINGS AND CONDITIONS FOR APPROVAL USE PERMIT NO. 3379 SITE PLAN REVIEW NO. 58 RESUBDIVISION NO. 924 AND RELATED ENVIRONMENTAL DOCUMENT A EnviMnme tal Document: Findin : 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K-3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That based on the information contained in the environmental document, the proposed design of the project will reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. Mitigation Measures: 1. An engineer's report on the adequacy of the existing bulkhead shall be prepared. The report shall include inspection and evaluation of all tie rods required for the proposed project. The engineer shall also evaluate potential loss of soil through the bulkhead wall as part of the re ort. 2. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 3. That adequate provisions be taken to insure that no debris, ° siltation or foreign material be permitted to enter the bay during demolition and construction. 4. All construction activities shall be limited to the hours of 7 a.m. to 6:30 p.m., Monday through Friday, and 8 a.m. to 6 p.m. on Saturdays as outlined in Chapter 10.28.040 of the Newport Beach Municipal Code. Planning Commission - 13. 5. That the finished floor elevation of the structure, except that area used for parking, be constructed at 6.27 feet above mean sea level as described in Chapter 20.63.045 of the Newport Beach Municipal Code. 6. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to m;n9m;e light spillage and glare from the commercial parking area to the adjacent residential uses. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. 7. Final design of the project shall provide for the incgrporation of water -saving devices for project lavatories and other water - using facilities. 8. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and approval of the Planning Department and the Public Works Department. The landscape plan shall place heavy emphasis on the use of drought -resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over -watering. Mitigation Monitoring: 1. The Building Department shall review and accept all necessary reports and plans associated with mitigation measures No. 1 and 2 prior to grading or the issuance of building permits. Mitigation measure No. 5 and 7 must comply with Building Department regulations prior to the issuance of building permits. Mitigation Measures No. 3 and 4 shall be monitored by the Building Department Inspectors during the construction of the project. 2. The Planning Department shall review and approve the necessary plans associated with mitigation measures No. 6 and 8 prior to the issuance of building permits. 3. The Parks, Beaches and Recreation nDepartment the nubi all Works and the Planning Department and Department shall approve mitigation measure No. 7 prior to the issuance of building permits. /i Planning Commission - 14. B Use Permit No. 3379. Findings: 1. That the development provides for both public physical and visual access to the bay. 2. That the increased height results in more public visual open space and views that would result from compliance with the basic height limit, since the project design includes increased setbacks adjacent to the street end and the Bay. 3. The increased building height results in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. 4. The increased building height does not result in undesirable or abrupt scale relationships between the structure and existing developments or public spaces. 5. The increased height does not result in floor area exceeding that otherwise permitted. 6. That incentive uses are provided by the development which allow the establishment of general office and commercial uses. 7. That the proposed commercial space constitutes a significant portion of the development. 8. That the proposed commercial development is large enough to accommodate viable businesses. 9. The approval of Use Permit No. 3379 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the ,neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans elevations and section. Planning Commission - 15. 2. That the building shall be no higher than 35 feet, subject to the provisions of the Cannery Village/McFadden Square Specific Plan in regards to the ground floor elevation and in accordance with the definitions contained in Section 20.87.205 of the Ne)vport Beach Municipal Code. 3. That incentive uses shall be provided if general commercial or office uses are provided on site. The split between incentive uses and uses which can be developed only upon the provision of incentive uses is 40% incentive use and 60% use which requires incentive. Prior to the issuance of any grading or building permits for the project, the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, agreeing to the provision of required incentive uses. 4. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 5. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 6. That all conditions of approval of Resubdivision No. 924 and Site Plan Review No. 58 shall be fulfilled. B. Site Plan Review No. 58. Findings: 1. That the proposed site plan gives due regard to the aesthetic qualities of the harbor. 2. "That the site does not contain any unique landforms such as coastal bluffs. 3. That the development is compatible with the character of the neighborhood and will contribute to the orderly and harmonious development of surrounding properties and the City. 0 Planning Commission - 16. 4. The development is sited and designed to maximize public views from the street end. 5. That there are no environmentally sensitive areas on -site. 6. The propdrty does not contain any areas of unique geologic hazards. 7. Residential development will meet City noise standards. 8. The site plan and layout of buildings, parking areas and pedestrian and vehicular access are functional in that there will be a minimum of commercial/residential conflicts: 9. The development is consistent with the General Plan, the Local Coastal Program, Land Use Plan and the Cannery Village/McFadden Square Specific Area Plan. 10. Mechanical equipment and trash enclosures are concealed from view. 11. That there are no archeological of historical resources on -site. 12. That the project is designed so as to be compatible with the adjacent residential uses. Conditions: 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans, elevations and section, except as noted below. 2. That all mitigation measures, and conditions of appro, zl for Use Permit No 3379 and Resubdivision No. 924 shall be fulfilled. 3. That one parking space be provided for each 250 sq.ft. of commercial or office development and 4 parking spaces be ,provided for each dwelling unit. 4. That the boat slips bayward of the site shall not be used as a commercial marina unless the required upland support facilities for parking and bath rooms are provided as required by City Council Harbor Permit policies. H Planning Commission - 17. S. The driveway entry shall be widened to provide a minimum width of 24 feet and the trash enclosure shall be relocated or redesigned to conform to Std 110-L for sight distance. 6. The second floor above required handicapped parking shall provide a° minimum 8 foot 2 inch vertical clearance unless otherwise approved by the Building Director. 7. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 8. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self -parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. D. Resubdivision No. 924 Findings: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That the proposed project is consistent with the Newport Beach General Plan and the Local Coastal Program, Land Use Plan. 4. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the design of the subdivision. 5. > That the proposed subdivision presents no problems from a planning standpoint. Planning Commission - 18. Conditions: 1. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The Parcel Map shall be prepared using the Gtate Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard Subdivision Agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the deteriorated sidewalk and deteriorated portions of curb, gutter and drive apron shall be reconstructed along the 20th Street frontage and that the fire hydrant be relocated if it is not at least five feet from the top of "X" on the proposed drive apron. All work shall be completed under an encroachment permit issued by the Public Works Department. 6. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer unless otherwise approved by the Public Works Department. 7. That the Public Works Department plan check and inspectioL fee be paid. 8. That the on -site vehicular and pedestrian circulation system be subject to further review by the Public Works Department and the City Traffic Engineer. 9. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape; walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in planning Commission - 19. height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel map or prior to the issuance of grading permits or building permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 11. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey • and to the satisfaction of the Building Department and Marine Department. The report shall include inspection and evaluation of all the tie rods required for the proposed project. The engineer shall evaluate potential loss of soil through the bulkhead wall as part of the report. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). 12. That the median island on West Balboa Boulevard at 20th Street be reconstructed to provide an eastbound left turn lane. 13. That County Sanitation District fees be paid prior to issuance of any building permits. 14. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the public Works Department. 15. That a 6 foot wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project; and that a 5 foot public access easement be granted to the City along the westerly property line between the proposed 6 foot wide bay front easement d?� Planning Commission - 20. and a point 6 feet inland from the bulkhead of the westerly property. Said easements shall be improved with concrete or other materials meeting the approval of the Public Works Department. 16. That the trash enclosure access be provided from within the development rather than across the public sidewalk with the location to be approved by the Public Works Department. 17. That the overhead utilities serving the site be undergrounded across the public right-of-way to the nearest appropriate pole. 18. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 19. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission si a Lci11:w I. FEET &..=W D15TKIk, 1 11-4 IMPORT BEACH — < AURaULTunAI ReemENnAL ' R-. SINGLE FAMILY RESIDENTIAL �I DUPLEX RESMENTIAL C-1 RESTC MAMM FANNT RCSIDENTIM. M-1 MULTIPLE RESIDENTIAL I UCNT CCNMERCML GENFnAL CCNMERCIAL DINT: mm 0A■ MMRIFACTURINS UNCLASSIFIED OM. N1 1920 MAP' designated for Retail and Service Commercial land use and is limited to a floor area ratio of 0.5/0.75. 6. Finley Commercial. This area (Commercial Area 8) is located on the westerly side of Newport Boulevard between 32nd Street and the Newport Island Channel. Desig- nated for Retail and Service Commercial Land use, the allowed floor area ratio is 0.5/0.75. 7. Superior/PCH Center. This area (Commercial Area 9) is located at the corner of Superior Avenue and Coast Highway. Designated for Retail and Service Commercial land use, the floor area ratio allowed on the neighborhood commercial site is 0.30. ESTIMATED GROWTH FOR STATISTICAL AREA B4 Residential (in du's) Commercial (in sq.ft.) Existing Gen.Plan Projected Existing Gen.Plan Projected 1/1/87 Projection Growth 1/1/87 Projection Growth 1. Lake Tract 468 616 148 -0- .0- .0- 2. Finley Area (R) 112 167 55 .0- .0- -0- 3. Newport Island 136 239 103 -0- -0- -0- 4. NB Townhomes 28 28 -0- -0- .0. .0- 5. Balboa Coves 68 68 -0- 6,200 10,800 4,600 6. Finley Area (C) .0- .0- -0- 38,706 47,071 8,365 7. Superior PCH .0. .0. -0. 16,897 27,965 11,068 TOTAL 812 1,118 306 61,803 85,836 24,033 Population 1,608 2,214 606 Central Newport (Statistical Area B5) 1. Cannery Tillage. This area (Commercial Area 10) is bounded by 32nd Street, the Rhine Channel, 26th Street and Balboa Boulevard. (see Map 10) The Cannery Village bayfront is designated for Recreational and Marine Commercial land use. Portions of the inland areas of Cannery Village are designated for a mixture of Retail and Service Commercial and General Industry land uses in order to encourage marine related industrial uses. The inland areas of Cannery Village designated for Retail and Service Commercial only will provide for a specialty retail core. There are also areas which are designated for Two -Family Residential land use. -31- i 1 Commercial areas are allowed a maximum floor area ratio of 0.5011.0, with the exception of the Lucky Market Center, which is allowed a maximum of 0.25 FAR. ' Separate residential uses are prohibited except in those areas designated for residen- tial use. All commercial areas except the Lucky Market Center allow residential development on the second floor in conjunction with ground floor commercial up to a total floor area ratio of 1.25. In these commercial areas, one dwelling unit is allowed for each 2,375 sq.ft. of buildable lot area with a minimum of one unit allowed on each lot. No second floor residential is allowed on sites involved in transfer of commercial development rights. In the Recreational and Marine Commercial area, professional and business offices are permitted only in conjunction with an incentive use. in all other commercial areas, professional and business offices not providing goods or services to the public or not ancillary to an otherwise permitted use are allowed only on the second floor or above. Areas designated for Two -Family Residential require 2,000 sqft. of buildable lot area for duplex development, up to a maximum of two dwelling units per lot. Cannery Village is allocated 407 dwellingVillage/McFadden Alldevelop- ment Squ in this area is specifically regulated by the Cannery Specific Area Plan. [GPA 91-3(A)] 2. City Hall. This area (Commercial Area 11) is bounded by 32nd Street, Newport Boulevard and Via Lido. The area is designated for Retail and Service Commercial and Governmental, Educational and Institutional Facilities. Development in this area is limited to a floor area ratio of 0.50/0.75. No residential land use is allowed. The -St. James Church site is designated Retail and Service Commercial. On October 25,1990, the designation of this site will change to Governmental, Educational and Institutional Facilities unless the site has been converted to commercial land use. 3. Lido Peninsula. This area (Commercial Area 12) is bounded by Lafayette Avenue, the West Lido Channel, Newport Channel and the Rhine Channel. Properties on the northerly side of Lido Park Drive, designated Single Family Attached, are allocated nated 156 dwelling units. [GPA 90-2(E)] The balance of the Lido Peninsula is des Attached for a mixture of Recreational and Marine Commercial and Single Family development. The area is zoned Planned Community, and is particularly suited to planned development concepts when substantial changes in existing uses are under- taken. Meanwhile, all existing uses are allowed to continue and be upgraded, but any substantial changes should be subject to an approved Planned Community ded Develop- ment Plan. The area designated for Planned Community o three ownerships. Should planning for the area occur simultaneously, the mix between residential and commercial development may be addressed area -wide. Should in- dividual owners process development plans separately, each segment shall meet the mixed use requirements independently. The commercial development in the future Planned Community shall be consistent with the intent of the Recreation and Marine Commercial designation. Uses per- mitted include marine repair and service, restaurants, hotels, motels, specialty shops and offices. Commercial development shall occupy 3001b of the total land area and shall be limited to floor area ratio of 0.5/0.75. The residential development in the future planned community shall occupy 7090' of the land area,and one unit is allowed for each 2,900 sq.ft. of buildable lot area. The land use designation of Single Family Attached shown on the Land Use Plan (Map) represents an;anticipated development type, and is not intended to limit development to only that type. This area may be developed with a mixed use project incorporating all of the residential product types within the established dwelling unit limit. 4. Lido Village. This area (Commercial Area 13) is bounded by Newport Boulevard, Via Lido and Newport Bay. The area is designated for Recreation and Marine Commer- cial and Retail and Service Commercial uses. The allowed floor area ratio is 0.5/0.75. 5. McFadden Square. This area (Commercial Area 14) is boundedby Newport Bay, 19th Street, the Public Beach, the alley between23rd and24th Streets, Newport Boulevard and 26th Street. (see Map 10) The area is shown Recreation and Marine Commer- cial, Retail and Service Commercial, Single Family Detached, Two -Family Residen- tial or Multi -Family Residential land use. Multi -Family Residential areas require 1,200 sq.ft. of buildable lot area for each dwelling unit. No subdivision which will result in additional dwelling units is allowed. Two -Family Residential areas require 2,000 sq.ft. of buildable lot area for duplex development. [GPA 89-2(D)] Commercial areas are allowed a maximum floor area ratio of 0.50/1.0. Separate residential uses are prohibited except in those areas designated for residential use. All commercial areas allow residential development on the second floor in conjunc- tion with ground floor' commercial up to a total floor area ratio of 1.25. In these commercial areas, one dwelling unit is allowed for each 2,375 sq.ft. of buildable lot area with a minimum of one unit allowed on each lot. No second floor residential is allowed on sites involved in transfer of commercial development rights. McFadden Square is allocated 168 dwelling units. In the Recreational and Marine Commercial area, professional and business offices are permitted only in conjunction with an incentive use. In all other commercial areas, professional and business offices not providing goods or services to the public or not ancillary to an otherwise permitted use are allowed only on the second floor or above. All development in this area is specifically regulated by the Cannery Village/McFadden Square Specific Area Plan. -33- ,n ESTIMATED GROWTH FOR STATISTICAL AREA 135 Residential (in du's) Commercial (in sq ft.) Existing Gen.Plan Projected Existing Gen.Plan Projected 1/1M Projection Growth 1/1/87 Projection Growth 1. Cannery Village 113 407 294 411,872 565,940 154,068 2.City Hall -0- -0- -0- 188,109 272,157 84,048 3. Lido Peninsula (total) 430 406 (24) 94,089 L%,416 62,327 - 3a. Single Fam. Att. 149 156 7 24,000 -0- (24,000) 3b. Sea Enterprises -0- 7 7 4,600 4,860 260 3c. Lido Shores 35 21 (14) 1,000 13,297 12,297 3d. Curci-Turner 246 222 (24) 64,489 138,259 73,770 4. Lido Village 20 20 -0- 188,619 219,525 30,906 5. McFadden Square 195 258 63 198,691 283,639 84,948 TOTAL 758 1,091 333 1,081,380 1,497,677 416,297 Population 1,501 2,160 659 Lido Isle (Statistical Division C) Lido Isle is one of two major islands in lower Newport Bay, and is developed with residential land uses. Subdivided during the 1920's, the subsequent sale of the island to individuals did not always follow the established lot lines. Since the underlying subdivision is still intact, there is a potentially significant amount of growth which could occur on the island should reversion to original lot lines occur. In order to minimise the amount of additional development which could occur, the Lido Isle Community Association facility sites, (yacht club, tennis courts, etc.) are designated for Recreational and Environmental Open Space. A study will also be conducted to determine whether the additional residen- tial growth allowed by the underlying subdivision pattern should be allowed. Residential areas on Lido Isle are designated only for Single Family detached and Multi - Family Residential land use. Multi -Family Residential areas allow a maximum of one dwelling unit for each 1,200 sq.ft. of buildable lot area. Development in the single family areas is limited to one unit for each lot of the original Lido Isle subdivision. No subdivisions which will result in additional dwelling units are allowed. -34- w K�•• C ,t;nj s of A real 227 20th Street u I SPR No?58 Condition i� . Substantial Conformance 2. Mitigation Measures DI 3. Parking 4. Marina Support facilities rV 1rz.�k.c.. 4�t-- 1-2 aJ ► Pw ��artment Planning 5. Driveway entry/trash enclosure 6. Floor clearance Q)G-.1 Coastal Review 8. Handicapped parking 9. Boat charter 10. Sidewalk IT. Use Permit No. 3379 Q 1' Substantial Conformance (}4. Heights 3. Incentive uses 4. No action 5. No action 6. Conditions of Approval gPeRoof Decks M. Resubdivision No. 924 1. Map recordation Building Action Plans approval Separate Permit q-qa Planning Tans approval, / YO J4&,L Marine Dept. -N Letter of Compliance Traffic Plans approval Building Planning Traffic Marine Department Public Works Planning Planning City Atxorney Plans approval Plans approval Plans approval Plans approval Plans approval Plans approval Plans approval Record Covenant Planning Planning Plans approval Public Works 2. Improvements Public Works Plans approval Site Plan Review No. 58 ' Use Permit No. 3379 Resubdivision No. a924 Conditions ofoApproval Page 2 3. Subdivision Agreement 4. Water/sewer y 5. Curb and gutter 6. Drainage 7. Plan check fee 8. Circulation System 9. Sight Distance 10. Storm drain 11. Condition Survey 12.-Median island ry 13. County Sanitation Dist. 14. Traffic Control Plan 15. Easement 16. Trash enclosure 17. Overhead utilities 18. Coastal review 19. No action p� �7 20. Park Dedication Fee R 21. (CC & R's) Public Works Public Works Public Works Public Works Public Works Public Works/Traffic Traffic Public Works Marine/building Public Works --- Public Works Public Works Public Works Lazo) (Vle ypd Public Works Planning Planning City Attorney Plans approval Plans approval Plans approval Plans approval Hold finals Plans approval Field check Plans approval Report Plans approval Plans approval Plans approval Field check Plans , )proval Plans approval Recordation SPINAL FINDINGS AND CONDITIgi" t% FOR SITE PLAN REVIEW NO. 58, AS APPROVED BY CITY COUNCIL ON JUNE 25, 1990 A. Environmental Document: Findings 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K-3. 2. That the contents of the environmental document have been considered in the various decisions on this project. W 3. That based on the information contained in the environmental document, the proposed design of the project will reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. Mitigation Measures: 1. An engineer's report on the adequacy of the existing bulkhead shall be prepared. The report -shall include inspection and evaluation of all tie rods required for the i proposed project. 'The engineer shall also evaluate potential loss of soil through the bulkhead wall as part of the report. 2. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 3. That adequate provisions be taken to insure that no debris, siltation or foreign material be permitted to enter the bay during demolition and construction. 4. All construction activities shall be limited to the hours of 7 a.m. to 6:30 p.m., Monday through Friday, and 8 a.m. to 6 p.m. on Saturdays as outlined in Ch pter 10.28.040 of the Newport Beach Municipal Code. 5. That the finished floor elevation of the structure, except that area used for parking, be constructed at 6.27 feet above mean sea level as described in Chapter ! 20.63.045 of the 'Newport Beach Municipal Code. 6. That tfie;lighting system shall be designed and maintained in such a manner as to cohceal the light source and to minimize light •spillage and glare from the ' commercial parking area to the adjacent residential uses. The plans shall be prepared,:,and signed "by a Licensed Electrical Engineer; with a letter from the �j Engineer stating that, in his opinion, this requirement has been met. ID Final Findings and Conditions Pigneri Development Co. SPR No. 58/UP No. 3379/R924 227 20th Street Page 2 7. Final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water -using facilities. 8. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and approval of the Planning Department and the Public Works Department. The landscape plan shall place heavy emphasis on the use of drought -resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over -watering. Mitigation Monitoring: m 1. The Building Department shall review and accept all necessary reports and plans associated with Mitigation Measures No. 1 and 2 prior to grading or the issuance of building permits. Mitigation Measures No. 5 and 7 must comply with Building Department regulations prior to the issuance of building permits. Mitigation Measures No. 3 and 4 shall be monitored by the Building Department Inspectors during the construction of the project. 2. The Planning Department shall review and approve the necessary plans associated with Mitigation Measures No.- 6 and 8 prior to the issuance of building permits. 3. The Parks, Beaches and Recreation Department shall review and the Planning Department and the Public Works Department shall approve Mitigation Measure No. 7 prior to the issuance of building permits. B. Use Permit No. 3379. Findings: 1. That the development provides for both public physical and visual access to the bay. 2. That the increased height results in more public visual open space and' views that would result from compliance with the basic height limit, since the project design includes increased setbacks adjacent to the street end and the Bay. 3. The increased building height results in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within'the general theme of a marine environment.. Final Findings and Conditions Pigneri Development Co. SPR No. 58/UP No. 3379/R924 227 20th Street Page 3 4. The increased building height does not result in undesirable or abrupt scale relationships between the structure and existing developments or public spaces. 5. The increased height does not result in floor area exceeding that otherwise permitted. 6. That incentive uses are provided by the development which allow the establishment of general office and commercial uses. 7. That the proposed commercial space constitutes a significant portion of the development. a 8. That the proposed commercial development is large enough to accommodate viable businesses. 9. The approval of Use Permit No. 3379 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious -to -property and improvements in the. neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans, elevations and section, except as noted below. 2. That the building shall be no higher than 31 feet, 6 inches, subject to the provisions of the Cannery Village/McFadden Square Specific Plan in regards to the ground floor elevation and in accordance with the definitions contained in Section 20.87.205 of the Newport Beach Municipal Code. 3. That incentive uses shall be provided if general commercial or office uses are provided on site. The split between incentive uses and uses which can be developed only upon the provision of incentive uses is 4017o incentive use and 60% use which requires incentive. Prior to the issuance of any grading or building permits for the project, the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, agreeing to the provision of required incentive uses. _,:m 4. That tlie'Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a.determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 0 o Final Findings and Conditions Pigneri Development Co. 3 SPR No. 58/UP No. 3379/R924 i 227 20th Street Page 4 5. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 6. That all conditions of approval of Resubdivision No. 924 and Site Plan Review No. 58 shall be fulfilled. 7. That the roof decks and related railings shall be eliminated from the approved plans. B. Site Plan Review No. 58. Findings: 1. That the proposed site plan gives due regard to the aesthetic qualities of the harbor. 2. That the -site does not contain any unique landforms such as coastal bluffs. 3. That the development is compatible with the character of the neighborhood and will contribute to the orderly and harmonious development of surrounding properties and the City. - 4. The development is sited and designed to maximize public views from the street_ _ end. 5. That there are no environmentally sensitive areas on -site. 6. The property does not contain any areas of unique geologic hazards. 7. Residential development will meet City noise standards. 8. The site plan and layout of buildings, parking areas and pedestrian and vehicular access are functional in that there will be a minimum of commercial/residential conflicts. 91 The development is consistent with the General Plan, the Local Coastal Program, Land Use4Plan and the Cannery Village/McFadden Square Specific Area Plan. 10. Mechaincal equipment and trash enclosures are concealed from view. 11. That there are no archeological of historical resources 'on -site. A � G O Q 1 r Final Findings and Conditions Pigneri Development Co. SPR No. 58/UP No. 3379/R924 227 20th Street Page 5 12. That the project is designed so as to be compatible with the adjacent residential uses. Conditions: 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans, elevations and section, except as noted below. 2. That allmitigation measures, and conditions of approval for Use Permit No 3379 and Resubdivision No. 924 shall be fulfilled. a 3. That one parking space be provided for each 250 sq.ft. of commercial or office development and 4 parking spaces be provided for each dwelling unit. 4. That the boat slips bayward of the site shall not be used as a commercial marina unless the required upland support facilities for parking and bath rooms are provided as required by City Council Harbor Permit policies. 5. The driveway entry shall be widened to• provide a minimum width of 24 feet and the trash enclosure shill be -relocated or redesigned to conform to Std 110-L for sight distance. 6. The second floor above required handicapped parking shall provide a minimum 8 foot 2 inch vertical clearance unless otherwise approved by the Building Director. 7. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 8. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self - parking. One hand tapped sign on a post and one handicapped sign on the pavement shall be rc luired for each handicapped space. 9. That the boat charter operation at this location shall be reviewed by the Tidelands Administrator and the License Supervisor during and after construction of the project. 10. That the proposed landscape planter area located in the required 5 foot setback adjacenAo the street end of 20th Street shall be replaced with a sidewalk. r .. :"); Final Findings and Conditions o Pigneri Development Co. SPR No. 58/UP No. 3379/R924 227 20th Street Page 6 D. Resubdivision No. 924 Findings: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That the proposed project is consistent with the Newport Beach General Plan and the Local Coastal Program, Land Use Plan. 4. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the design of the subdivision. 5. That the—proposed_subdivision presents no problems from a planning standpoint. Conditions: 1. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The Parcel Map shall be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard Subdivision Agreement and accompanying surety be provided in order to guarantee sa sfactory comple ion of the public improvements if it is desired to record a pe cel map or obt, n a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved 1 by the Public Works Department. 5. That tli'." .eteriorated sidewalk and deteriorated portions of curb, gutter and drive apron •'shall be reconstructed along the 20th Street frontage and that the fire hydrant be relocated if it is not at least five feet. from the top of ' X' on the proposed"drive apron. All work shall be completed under an encroachment permit issued by the Public Works Department. 0 4 0 C • ¢¢yy/Jib{ Final Findings and Conditions Pigneri Development Co. SPR No. 58/UP No. 3379/R924 227 20th Street Page 7 6. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer unless otherwise approved by the Public Works Department. 7. That the Public Works Department plan check and inspection fee be paid. 8. That the on -site vehicular and pedestrian •circulation system be subject to farther review by the Public Works Department and the City Traffic Engineer. 9. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel map or prior to the -issuance of grading permits or building permits. - Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 11. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The report shall include inspection and evaluation of all the tie rods required for the proposed project. The engineer shall evaluate potential loss of soil through the bulkhead wall as part of the report. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). 12. That the median island on West Balboa Boulevard at 20th Street be reconstructed to provide an eastbound left turn lane. 13. That County Sanitation District fees be paid prior to issuance of any building permits. r 14. Disruptl6A;r caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shalYibe reviewed and approved by the Public Works Department. Final Findings and Conditions Pigneri Development Co. SPR No. 58/UP No. 3379/R924 227 20th Street Page 8 15. That a 6 foot wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project. Said easement shall be improved with concrete or other materials meeting the approval of the Public Works Department. 16. That the trash enclosure access be provided from within the development rather than across the public sidewalk with the location to be approved by the Public Works Department. 17. That the overhead utilities serving the site be undergrounded across the public right-of-way to the nearest appropriate pole. 18. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 19. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. 20. That a park dedication fee for -three dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code prior to the recordation of the parcel map. 21. The applicant shall include within the project's Covenants, Conditions and Restrictions (CC&R's), specific language pertaining to the method and procedure for resolution of conflicts that may occur between the residential condominiums and the commercial condominium. Said language shall be submitted to the City for review and approval by the City Attorney, prior to the recordation of the parcel map. Xti O o a CALIFORN STATE OF DATA C 1990 CENSUS OF POPULATION AND HOUSING PAGE 1 A-i' $TE CENSUS $U$ DATA CENTER SUMMARY TAPE FILE 3 - SELECTED TABLES (916) 322-4651 PLACE: NEWPORT BEACH CITY STATE: CALIFORNIA COUNTY: ORANGE ••••••......o•••.....v...o.00.•..•..v.uus.a..u........•.u......uo..'�'V43�•RESIDENCE IN 1985-•STATE•& COUNTY LEVEL P 1/2/3/6. PERSONS P28. LANGUAGE SPOKEN AT HOME AND ABILITY (UNIVERSE: PERSONS 5 YEARS & OVER) TO SPEAK ENGLISH TOTAL 66643 (VNIVERSE: PERSONS S YEARS & OVER) E HOUSE IN 1985 27025 UNWEIGHTED SAMPLE i00% COUNT URBAN INSIDE URBANIZED AREAS OUTSIDE URBANIZED AREAS 4 RURAL ' RURAL FARM RURAL NONFARM ,.------------ P7. SEX P (UNIVERSE: PERSONS) MALE FEMALE ---------------------------- PS. RACE (UNIVERSE: PERSONS) WHITE BLACK AMER IND. ESK. OR ALEUT ASIAN OR PAC ISLANDER OTHt.i RACE --------------------------- PIO PERSONS OF HISPANIC 7872 57 66643 SPEAK ONLY ENGLISH SPEAK SPANISH: 1 66643 SPEAK ENGLISH 'VERY WELL' 66643 SPEAK ENGLISH *WELL' O SPEAK ENGLISH 'NOT WELL' OR 0 NOT 'NOT AT All' 0 SPEAK ASIAN OR PAC ISLAND LANGUAGE: 0 SPEAK ENGLISH "VERY WELL' --------- SPEAK ENGLISH •WELL' SPEAK ENGLISH "NOT WELL' OR NOT -NOT AT ALL' SPEAK OTHER LANGUAGE: 33038 SPEAK ENGLISH 'VERY WELL' 33605 SPEAK ENGLISH 'WELL' ._-_-----_ SPEAK ENGLISH "NOT WELL' OR NOT 'NOT AT ALL' -------------- FAMILY TYPE AND PRESENCE AND AGE OF 63771 CHILDREN 181 (UNIVERSE: FAMILIES) 203 1937 MARRI£O-COUPLE FAMILY: 551 WITH CHILDREN 18 YEARS & OVER ---------- I NO CHILDREN 18 YEARS & OVER ORIGIN - 2671 P4. FAMILIES 16659 ------------------------------------- 441 620 303 98 2634 494 161 217( 1207: DAM DIFFERENT HOUSE IN V.S. IN 1985: SAME COUNTY DIFFERENT COUNTY. SAME STATE DIFFERENT STATE: NORTHEAST MIDWEST SOUTH WEST ABROAD IN 1985: PUERTO RICO U.S. OUTLYING AREA FOREIGN COUNTRY 21890 8065 1307 1132 1660 1914 O 0 1072 ------------------------------------------- P54. SCHOOL ENROLLMENT AND TYPE OF SCHOOL (UNIVERSE: PERSONS 3 YEARS & OVER) OTHER FAMILY: MALE HOUSEHOLDER. NO SPOUSE: WITH CHILDREN 18 YEARS & OVER 280 NO CHILDREN 18 YEARS & OVER FEMALE HOUSEHOLDER. NO SPOUSE: WITH CHILDREN 18 YEARS & OVER 804 RS & OVER 930 ENROLLED IN PREPRIMARY SCHOOL: PUBLIC SCHOOL PRIVATE SCHOOL ENROLLED IN ELEMENTARY OR HIGH SCHOOL: PUBLIC SCHOOL PRIVATE SCHOOL ENROLLED IN COLLEGE: PUBLIC SCHOOL PRIVATE SCHOOL NOT ENROLLED IN SCHOOL P5. HOUSEHOLDS 30866 1 ------- NO CHILDREN 18 -------- _- ' YEA----'---_' _ --- -------------------------------- --------------------------------------- P57/58/59/60. EDUCATIONAL ATTAINMENT BY RACE AND HISPANIC ORIGIN -- PERSONS 25 YEARS & OVER ---------------- PERSONS 18 __________________________ YEARS & OVER AMER IND/ ASIAN & TOTAL TOTAL WHITE BLACK ESK/ALEUT PAC ISL OTHER ELEMENTARY (O TO 9 YEARS) 636 566 515 O 8 6 37 HIGH SCHOOL (1 TO 4 YEARS). 2395 7840 1737 74 21 19 162 162 49 68 NO DIPLOMA HIGH SCHOOL DIPLOMA 6938 5946 5684 36 21 37 98 SOME COLLEGE. NO DEGREE 16287 12993 12623 3993 0 18 104 32 ASSOCIATE DEGREE 4403 4148 16653 16135 33 25 389 71 BACHELORS DEGREE 17955 GRADUATE OR PROFESSIONAL SIDI 8677 t6 42 351 15 DEGREE 9139 318 607 4735 1176 6626 1208 50341 ------------- ------------- • HISPANIC • ORIGIN • 124 194 • 327 • A44 • 145 • 452 • 218 ••uv•.v...•vr•... r•••......................0..M.•...... .ouu.•v...... N••.. u•.wu•u.•. u•.0 •.•.uu•..... • PAGE 2 1990 CENSUS OF POPULATION AND HOUSING STATE OF CALIFORNIA SUMMARY TAPE FILE 3 - SELECTED TABLES US DATA CENTER STATE CENSUS C (9i6) 322-4651 STATE: CALIFORNIA COUNTY: ORANGE ,PLACE: NEWPORT BEACH CITY o/.aroauoaso as a.aovra auauu ra.\raa u. v """' uo.avaar o.o/a vri...................... 0..oay....................... P117/119/f20. POVERTY STATUS IN 1989 P114Ab6/115A/116A. (UNIVERSEER : PERSONS) INCOME N 1989 P80/81/107/108. HOUSEHOLD AND FAMILY (UNIVERSE:PERSONSFOR WHOM POVERTY INCOME IN 1989 STATUS S TOTAL PERSONS $45.434 HOUSEHOLDS FAMILIES AT OR ABOVE BELOW IN HOUSEHOLDS $45.809 52 252 � 1 POVERTY POVERTY IN GROUP OUARTERS: $13.023 S O - 4,999 893 INSTITUTIONAL S 5.000 - 9.999 930 62086 3731 NDNINSTITUTIONAI $13,065 S 10,000 - 12.499 546 114 98 PERSONS { $45.930 S 12,SOO - 14.999 $ 1S.000 - 17.499 427 673 285 AGE i 2417 94 WHITE BLACK 529, 148 S 17.500 - 19.929 548 72 0-4 i 451 i5 AMERICAN INDIAN. ESKIMO. OR ALEUT $34.324 S 20.000 - 22.499 774 261 5 6-11 2451 677 63 ASIAN OR PACIFIC ISLANDER $41.323 $11,850 S 22.500 - 24.999 545 183 285 f 12-17 2773 139 OTHER $ 25.000 - 27.499 S 27.500 - 29.999 915 610 232 18-24 S111 12576 1388 477 HISPANIC $31.044 $ 30.000 - 32.499 - 24.999 1060 582 361 313 25-34 35-44 10555 427 302 ______________________________________________ P126. POVERTY STATUS IN 1989 BY FAMILY TYPE S 32,500 S 35.000 - 37.499 908 353 45-54 9011 3650 1 01 AND AGE (UNIVERSE: RELATED CHILDREN S 37.600 - 39,999 625 260 55-59 3659 140 UNDER to YEARS) S 40.000 - 42.499 886 676 394 232 60-64 65-74 5928 270 ABOVE BELOW S 42.500 - 44.999 - 47.499 783 303 75+ 5928 37 POVERTY POVERTY S 45.000 S 47.500 - 49.999 504 223 , S 50.000 - 54.999 1526 673 59579 3440 IN MARRIED -COUPLE FAMILY: 71 S 55.000 - 59.999 1026 70S WHITE 128 47 UNDER 5 YEARS 2203 2459 AMERICAN INDIAN, 388 4494 15 98 $ ?E_OOO _ 99.999 - 124.999 3580 2636 1772 ESKIMO. OR ALEUT t89 14 6 TO 7 YEARS IN OTHERFAMILY: $100.000 S125.000 - 149,999 1441 1069 ASIAN OR PACIFIC 1756 166 MALE HOUSEHOLDER, NO SPOUSE: $150.900 OR MORE 4772 3868 ISLANDER 434 64 UNDER 5 YEARS 74 8 _ I OTHER 5 YEARS 16 0 MEDIAN $60.374 S81.929 6 TO 17 YEARS 173 6 MEAN $97.490 $129.046 2269 330 FEMALE HOUSEHOLDER. NO SPOUSE: HISPANIC UNDER 5 YEARS 140 tS 5 YEARS 47 0 P82/83/84/S5. HOUSEHOLD INCOME IN 1989 BY RACE/HISPANIC ORIGIN OF HOUSEHOLDER 783 6 TO YEARS ------------------------------- 61 (UNIVERSE. HOUSEHOLDS) P121. RATIO OF INCOME IN t989 TO AMER IND/ ASIAN/ \ • HISPANIC POVERTY LEVEL ORIGIN (UNIVERSE: PERSONS FOR WHOM BLACK ESK/ALEUT PAC ISL OTHER POVERTY STATUS IS DETERMINED) WHITE • S O- a,999 860 , O O 18 18 0 s O 63 56 UNDER .50 2240 S - 932 0 6 7 t4 20 - 58 .75 TO .74 719 772 0.000 4.999 S 15.000 - 14,999 396 3031 O 25 44 40 35 • 106 .75 TO .1. 86 1.25 TO 1.49 t692 S t5, 000 - 34.999 S 25.120 C00 - 34,999 303t 9 18 84 75 - 25 • 55 140 1.25 TO t.a9 692 S 35.000 - 49.999 4130 O 22 21 74 16 0 220 1.50 70 t.74 870 353 S 50.000 - 74,999 5516 ZS 0 68 7 - 63 1.75 TO 1.84 562 $ 75.000 - 89,999 3505 0 3 18 203 8 .• 198 1.85 TO 1.99 58489 StOD,000 OR MORE 8617 2.00 AND OVER MEAN $97.627 $58.819 $54.814. $119.795 $40.506 • $73.812 TOTAL 66817 LL\..Lrfaia{fal.{Lir{t\LLL/iiii.iif.i.i....i.fi\f\.Lf.i..\L\.L.......\LaY.f../Lri/...L...........♦ ............................... 1990 CENSUS OF POPULATION AND HOUSING PAGE 3 STATE OF CALIFORNIA • SUMMARY TAPE f1LE 3 - SELECTED TABLES STATE CENSUS DATA CENTER (916) 322-4651 PLACE: NEWPORT BEACH CITY STATE: CALIFORNIA COUNTY: ORANGE I....... TENURE BY VEHICLES AVAILABLE ............................................. H37/38. . ........:.auou.i.ff.m iff...•o.••..o.••...P50/51. TRAVEL TIME TO WORK •••••• P45/46/47I48. PLACE OF WORK UNIVERSE: WORKER$ 16 YEARS 8 OVER (UNIVERSE: OCCUPIED HOUSING UNITS) (UNIVERSE: WORKERS 16 YEARS & OVER) TOTAL OWNER RENTER o WORKED IN STATE OF RESIDENCE: s WORKED IN COUNTY OF RESIDENCE WORKED OUTSIDE COUNTY OF RESIDENCE WORKED OUTSIDE STATE OF RESIDENCE irr.rrH N♦f H\rs.rrr N n LIVING IN AN MSA/PMSA: WORKED IN MSA OF RESIDENCE: CENTRAL CITY REMAINDER OF THIS MSA WORKED OUTSIDE.MSA OF RESIDENCE: WORKED IN A DIFFERENT MSA: CENTRAL CITY REMAINDER OF DIFFERENT MSA WORKED OUTSIDE ANY MSA NOT LIVING IN AN MSA/PMSA: WORKED IN AN MSA: CENTRAL CITY REMAINDER OF MSA WORKED OUTSIDE ANY MSA •rH r♦.r\r.r7Hr\..r. LIVING IN A PLACE: WORKED IN PLACE OF RESIDENCE W ,�RXED OUTSIDE PLACE OR RESIDENCE NOT LIVING IN A PLACE 34766 4233 274 3816 30950 2025 2389 93 13721 25552 0 MINUTES O - 4 5 - 9 10 - 14 15 - 19 20 - 24 25' - 29 30' 34 35 - 39 40 - 44 45 - 59 60 - 89 90 OR MORE WORKED AT HOME MEAN TRAVEL TIME --L-----------`-- 935 A311 5886 6784 5885 2362 4389 901 1036 2056 1976 717 2035 23 MINUTES P5b. PRIVATE VEHICLE OCCUPANCY 1fN1VFRSE: WORKERS 16 YEARS b. OVER I CAR, TRUCK. -OR VAN: 32901 'DROVE ALONE IN 2-PERSON CARPOOL 2 41 IN 3-PERSON CARPOOL IN 4-PERSON CARPOOL 45 jIN S-PERSON CARPOOL 30 'IN 6-PERSON CARPOOL 6 'IN 7-OR-MORE CARPOOL 8 &HER MEANS 39I8 40NE 987 363 624 10281 4143 6138 1 12882 7946 4936 2 4795 3405 1390 3 1501 1048 453 4 5 OR MORE 414 302 112 MEAN VEHICLES -------� 90_-_--- Z-tO_--___-t 65 P36. YEAR OF ENTRY (UNIVERSE: FOREIGN -BORN PERSONS) 1987 TO 1990 693 1 1970 TO 1974 615 1985 OR 1986 407 1965 TO 1969 608 1982 TO 1984 448 1960 TO 1964 495 1980 OR 1981 337 1950 TO 1959 850 824 1975 TO 1979 -BY 768 BEFORE 1950 - P37. AGE CITENSHIP (UNIVERSE: PERSONS) ---------------------------------------------- -- I -- 752. TIME LEAVING HOME TO GO TO P49. MEANS OF TRANSPORTATION TO WORK OVER) WORK (UNIVERSE: WORKERS 16 YEARS (UNIVERSE: WORKERS 16 YEARS b b OVER) CAR, TRUCK, OR VAN: 32901 12:00 AM TO 4:59 AM 395 DROVE ALONE 2454 AM TO 5:29 AM 777 CARPOOLED 15:00 5:30 AM TO 5:59 AM 753 PUBLIC TRANSPORTATION: 293 6:00 AM TO 6:29 AM 1836 BUS OR TROLLEY BUS O 6:30 AM TO 6:59 AM 3002 STREETCAR OR TROLLEY CAR 5 , 7:00 AM TO 7:29 AM 5661 SUBWAY OR ELEVATED 80 7:30 AM TO 7:59 AM 6153 RAILROAD 25 8:00 AM TO 8:29 AM 7014 FERRYBOAT 4 8:30 AM TO 8:59 AM 3212 TAXICAB 110 9:00 AM 70 9:59 AM 4151 MOTORCYCLE 3g7 10:00 AM TO 10:59 AM 1255 BICYCLE 868 11:00 AM TO 11:59 AM 482 WALKED 1551 t2:OD PM TO 3:59 PM 1141 OTHER MEANS ME 2035 4:00 PM TO 11:59 PM 1406 INDER 18 YEARS: 8585 NATIVE FOREIGN BORN: BB NATURALIZED CITIZEN 216 NOT A CITIZEN 18 YEARS AND OVER: 52013 NATIVE FOREIGN BORN: 2935 NATURALIZED CITIZEN 2935 • NOT A CITIZEN ___--__ - -_____ P42. PLACE OF BIRTH (UNIVERSE: PERSONS) TIVE: BORN IN STATE OF RESIDENCE 30953 BORN IN OTHER STATE IN THE U.S.: 05 77 NORTHEAST 11705 MIDWEST 747 SOUTH 409 WEST BORN OUTSIDE THE U.S.: 61 PUERTO RICO 28 U.S. OUTLYING AREA BORN ABROAD OF AMERICAN PARENT(S) 52G 6045 WORKED AT HO 39273 WORKED AT HOME 2035 IfOREIGN BORN TOTAL WORKERS •.\\/\\.\\.\/.\\\•i\f/lli.f itilia\Ilfif!lf.11iflf\fftfiffff\ffliffilffflfffflf!!\ffffff Rlff•tf sfff.ff if\.f ...................... STATE OF CALIFORNIA 1990 CENSUS Of POPULATION AND HOUSING PAGE 4 STATE CENSUS DATA CENTER SUMMARY TAPE FILE 3 - SELECTED TABLES (916) 322-4651 STATE: CALIFORNIA COUNTY: ORANGE PLACE: NEWPORT BEACH CITY iiitiittttiiiti lltitiitiitittiiil• iiiiti titii i.... .ititt iiiiif i.. ... ... ............. .... P70/71/72. LABOR FORCE STATUS BY SEX AND RACE/HISPANIC ORIGIN (UNIVERSE: PERSONS 16 YEARS 8 OVER) AMER INO/ ASIAN OR ' HISPANIC TOTAL WHITE BLACK ESK/ALEUT PAC ISL OTHER : ORIGIN MALE: IN LABOR FORCE 23433 22520 66 766 6277 144r • 12 IN ARMED FORCES 49 42 22478 0 66 76 627 137 . 902 CIVILIAN 23384 22649 21791 52 71 598 137 83 EMPLOYED UNEMPLOYED 735 687 14 5 29 158 0 10 • . 79 1is NOT IN LABOR FORCE 5623 5423 32 0 . FEMALE: IN LABOR FORCE 17586 166699 699 1033 550 195 0 • • 838 0 IN ARMED FORCES B 61 103 0 550 195 • $38 838 CIVILIAN 17578 16669 16239' 61 70 522 187 805 EMPLOYED 17079 O 33 28 8 i 33 UNEMPLOYED 499 430 8 24 439 NOT IN LABOR FORCE 12338 11930 ________ ------271-----------105---------------- P89 THROUGH P1O5. HOUSEHOLDS AND MEAN HOUSEHOLD INCOME IN 1989 BY INCOME SGURCE HOUSEHOLDS Win:'WAGE OR SALARY NO WAGE OR SALARY WITH NONFARM SELF-EMPLOYMENT ND NONFARM SELF-EMPLOYMENT WITH FARM SELF-EMPLOYMENT NO FARM SELF-EMPLOYMENT WITH INT. DIV. OR NET RENTAL NO INT. DIV. OR NET RENTAL WITH SOCIAL SECURITY NO SOCIAL SECURITY WITH PUBLIC ASSISTANCE NO PUBLIC ASSISTANCE WITH RETIREMENT NO RETIREMENT WITH OTHER INCOME NO OTHER INCOME WITH EARNINGS 24135 6731 7768 23098 422 30444 17775 13091 6593 24273 638 30228 3938 26928 2152 28714 26192 MEAN INCOME $79.862 $49,994 I $14.820 $30.732 $9.094 $5.782 %15.03c SEX BY AGE BY WORK DISABILITY STATUS STATUS BY MOBILITY AND SELF -CARE LIMITATION STATUS (UNIVERSE: CIVILIAN NONINSTITUTIONAL PERSONS 16 YEARS 8 OVER) 16 TO 64 YEARS: WITH A WORK DISABILITY: WITH A MOBILITY OR $ELF -CARE LIMITATION Nd MOBILITY OR SELF -CARE LIMITATION NO WORK DISABILITY: WITH A MOBILITY OR SELF -CARE LIMITATION NO MOBILITY OR SELF -CARE LIMITATION 65 YEARS AND OVER: WITH A WORK DISABILITY: WITH A MOBILITY OR SELF -CARE LIMITATION NO MOBILITY OR SELF -CARE LIMITATION $8.330 NO WORK DISABILITY: WITH A MOBILITY OR SELF -CARE LIMITATION $88.656 NO MOBILITY OR N MALE FEMALE 926 916 B 24 243 237 23409 22770 868 1146 31 28 23 136 3342 4217 P79. CLASS OF WORKER - (UNIVERSE: EMPLOYED PERSONS 16 YEARS & OVER) PAGE AND SALARY: PRIVATE FOR PROFIT 29459 PRIVATE NOT -FOR -PROFIT 1603 SELF-EMPLOYED 55751/ GOVERNMENT: LOCAL 1630 STATE 1002 FEDERAL 230 U UNPAID FAMILY 22 ---------------------------------; P65. PERIOD OF MILITARY SERVICE (UNIVERSE: CIVILIAN VETERANS 16 YEARS & OVER) SEPT 1980 OR LATER ONLY 328 MAY 1975 TO AUG 1980 ONLY 118 MAY 1975 TO AUGUST 1980 & SEPTEMBER 1980 OR LATER 22 VIETNAM ERA 1696 FEB 1955 TO JUL 1964 ONLY 1158 VIETNAM ERA & KOREAN CONFLICT 78 KOREAN CONFLICT 1209 KOREAN CONFLICT 6 WWII 384 WORLD WAR II 3397 WAR I 34 (WORLD OTHER SERVICE 81 NO EARNINGS 4674 SELF -CARE LIMITATIO I TOTAL 8605 i.........i.........t......................i iit................t.....................Yi.....i............................... CAL STATE OF DATA FORNIA 1990 CENSUS OF POPULATION AND HOUSING PAGE 5 ,STATE CENSUSSUS DATA CENTER SUMMARY TAPE FILE 3 - SELECTED TABLES . (BIG) 322-4651 STATE: CALIFORNIA COUNTY: ORANGE PLACE: NEWDORT BEACH CITY .......................... ........................................................................................................ P78. OCCUPATION P77. INDUSTRY (UNIVERSE: EMPLOYED PERSONS 16 YEARS b OVER) (UNIVERSE: EMPLOYED PERSONS 16 YEARS b OVER) MANAGERIAL b PROFESSIONAL SPECIALTY OCCUPATIONS: AGRICULTURE, FORESTRY, AND FISHERIES 3460604 77 EXECUTIVE. ADMINISTRATIVE. b MANAGERIAL 1 MINING CONSTRUCTION 2088 PROFESSIONAL SPECIALTY 8604 MANUFACTURING, NONDURABLE GOODS 1666 TECHNICAL. SALES. b ADMINISTRATIVE SUPPORT: 998 MANUFACTURING, DURABLE GOODS 3672 TECHNICIANS b RELATED SUPPORT 8864 TRANSPORTATION 11 SALES ADMINISTRATIVE SUPPORT. INCLUDING CLERICAL 4055 COMMUNICATIONS AND OTHER PUBLIC UTILITIES 338 2099 SERVICE OCCUPATIONS:- WHOLESALE TRADE 336 RETAIL TRADE 6092 PRIVATE HOUSEHOLD7257 216 FINANCE, INSURANCE. AND REAL ESTATE PROTECTIVE SERVICE b HOUSEHOLD 2431 BUSINESS AND REPAIR SERVICES 2 613 613 1420 SERVICE, EXCEPT PROTECTIVE 171 PERSONAL SERVICES FARMING. FORESTRY, b FISHINGOCCUPATIONS 1865 ENTERTAINMENT AND RECREATION SERVICES 783 783 T. PRECISION PRODUCTION. CRAFT, b REPAIR OCCUPATIONS PROFESSIONAL AND RELATED SERVICES: OPERATORS. FABRICATORS, b LABORERS: 426 HEALTH SERVICES 2806 MACHINE OPERATORS. ASSEMBLERS, b INSPECTORS 433 EDUCATIONAL SERVICES 2642 TRANSPORTATION b MATERIAL MOVING OTHER PROFESSIONAL AND RELATED SERVICES 4264 HANDLERS, EOUIPMENT CLEANERS, HELPERS, b 511 PUBLIC ADMINISTRATION 461 LABORERS _______________________ _____________________________________________________ b AGE OF CHILDREN b EMPLOYMENT ____ ---------------------------------------------------------- P74. PRESENCE AGE OF CHILDREN SY ____-__ H1/2/3. H UNITS ( UNIVERSE: HOUSING UNITS) P73. PRESENCE EMPLOYMENTT STATUS OF PARENTS STATUS ,. (UNIVERSE: FEMALES 16 YEARS 8 OVER) (UNIVERSE: OWN CHILDREN UNDER 18 YEARS) TOTAL 34861 OCCUPIED 30860LIVING WITH OWN CHILDREN UNDER t8 YEARS: UNDER 6 YEARS: WITH TWO PARENTS: OWNER OCCUPIED 17207 U 6 YEARS ONLY: BOTH PARENTS IN LABOR FORCE 1078 RENTER OCCUPIED 13653 YN LABOR FORCE: tN IN ARMED FORCES 716 FATHER ONLY IN LABOR FORCE 15�0 VACANT 4001 EMPLOYED OR UNEMPLOYED 20 MOTHER ONLY IN LABOR FORCE FORCE 33 UONOEPERCED SAMPLEUNT COUNT NOT IN LABOR FORCE 792 NEITHER PARENT IN LABOR LIVING WITH ONE PARENT: 34127 6 TO 17 YEARS.ONLY: LIVING WITH FATHER: IN LABOR FORCE 98 IN LABOR FORCE: EMPLOYED OR IN ARMED FORCES 1724 FORCE O IN LABORTH H5. URBAN AND RURAL (UNIVERSE: HOUSING UNITS) UNEMPLOYED LIVING s$ I43 NOT IN LABOR FORCE 907 IN LABOR FORCE NOT IN LABOR FORCE URBAN 34861 INSIDE URBANIZED AREA 34861 UNDER 6 YEARS b 6 TO 17 YEARS: OUTSIDE URBANIZED AREA 0 IN LABOR FORCE: 295 6 TO 17 YEARS: LIVING WITH TWO PARENTS: RURAL 0 EMPLOYED OR IN ARMED FORCES 0 BOTH PARENTS IN LABOR FORCE 2293 FARM 0 UNEMPLOYED 508 FATHER ONLY IN LABOR FORCE 2104 NONFARM 0 NOT IN LABOR FORCE MOTHER ONLY IN LABOR FORCE 14. - _ -__-, ____________________ NO OWN CHILDREN UNDER 18 YEARS: NEITHER PARENT IN LABOR FORCE 44 PARENT: H24. SEWAGE DISPOSAL IN LABOR FORCE: LIVING WITH ONE (UNIVERSE: HOUSING UNITS) EMPLOYED OR IN ARMED FORCES 14352 LIVING WITH FATHER: 159 UNEMPLOYED 407 IN LABOR FORCE NOT IN LABOR FORCE 5 PUBLIC SEWER 34800 NOT IN LABOR FORCE 10131 LIVING WITH MOTHER: SEPTIC TANK OR CESSPOOL 17 IN LABOR FORCE 763 OTHER MEANS 44 NOT IN LABOR FORCE 123 a ............... ..................................................................................1........................ • 1990 CENSUS STATE OF OF POPULATION AND HOUSING PAGE 6 STATE CENSUS DATA CENTER SUMMARY TAPE SUS DATA CENTER FILE 3 - SELECTED TABLES (916) 322-4651 STATE: CALIFORNIA COUNTY: ORANGE PLACE: NEWPORT BEACH CITY a.................................. Y..............s....a...ss.....................w.........w.........w............................ UEL HEATING FHOUSING I H25. YEAR STRUCTURE BUILT H8 THROUGH H12. TENURE BY RACE 6 HISPANIC ORIGIN OF (IVERSE£ OCCU➢IEDHOUSE UN UNITS) (UNIVERSE: HOUSING UNITS) HOUSEHOLDER (UNIVERSE: OCCUPIED HOUSING UNITS) 24171 1989 TO MARCH 1990 358 TOTAL OWNER RENTER UTILITY GAS BOTTLED. TANK. OR LP GAS 1$3 1985 TO 1988 2647 2053 ELECTRICITY 6285 1980 TO 1984 10165 WHITE 29905 16BOG 13099 FUEL OIL. KEROSENE. ETC. 11 O 1970 TO 1979 1960 TO 1969 8794 BLACK 62 18 44 COAL OR COKE 97 1950 TO 1959 5768 AMER IND/ESK/ALEUT 130 40 90 327 WOOD SOLAR ENERGY 8 1940 TO 1949 2653 ASIAN/PAC ISLANDER 613 286 93 OTHER FUEL 0 1939 OR EARLIER 2423 OTHER ISO 57 NO FUEL USED III 1968 MEDIAN YEAR HISPANIC ORIGIN 981 384 597 ___________________________________ ________________________________ __________________________________________________________ H52/53. MORTGAGE STATUS 6 SELECTED MONTHLY OWNER COSTS H31. BEDROOMS (UNIVERSE: HOUSING UNITS) H43. GROSS RENT OCCUPIED£HOUSING FUND.'TS)NTER- (UNIVERSE: SPECIFIED OWNER -OCCUPIED HOUSING UNITS ) V1TH A MORTGAGE: NOT MORTGAGED: -OCCUPIED TOTAL OWNER UNITS- RENTER S 0 - 99 O S O - 299 75 S O - 99 t48 $ 100 - 149 29 $ 30D - 499 566 $100 - 149 252 545 NONE 1271 76 983 $ 150 - 199 70 S 500 - 699 660 S150 - 199 327 1 50 $ 700 - 899 543 S200 - 249 331 t 5231 4065 2 1231 5678 $ 250 - 299 22 S 900 - 1249 1051 $250 - 299 6613 2279 $ 300 - 349 85 S1250 - 1499 699 $300 - 349 ?93 4 5138 4130 620 S 350 - 399 74 $1500 - 1999 1677 S350 - 399 5OR $ 400 - 449 156 $2000 OR MORE 5922 $400 OR MORE 1091 MORE 1849 1607 99 S 450 - 499 161 S 500 - 549 262 MEO•AN $2.001 MEDIAN $297 S 550 - 599 287 MEAN $2.635 MEAN $386 ----------------------------- S 600 - 649 407 _ _------------------------------ H50/19. HOUSEHOLD INCOME IN 1989 BY SELECTED MONTHLY OWNER COSTS/GROSS RENT AS A PERCENTAGE OF S 7000 _ 7499 700 702 HOUSEHOLD INCOME IN 1989 S 750 - 999 4253 S1000 OR'MORE 6131 (UNIVERSE: SPECIFIED OWNER -OCCUPIED HOUSING UNITS) NO CASH RENT 238 ' -- PERCENTAGE OF HOUSEHOLD INCOME ------------ 30-34'/. 35aX, NOT COMPUTED 0-19% 20-24% 25-29% MEANARENTNT $1 025 INCOME LESS THAN $10.000 15 5 9 27 310 7 247 183 O ________________________________ H23. SOURCE OF WATER 510.000 - 19.999 162 29 57 94 532 O (UNIVERSE: HOUSING UNITS) $20.000 - 34.999 568 104 74 ' 57 111 71 467 B $36,000 - 49.999 645 5223 1196 1037 922 2130 56 PUBLIC SYSTEM OR 34853 $50.000 OR MORE 1408 1271 1121 3686 247 PANY TOTAL UNITS 6613 IRIVATEUCOMWELL: DRILLED O (UNIVERSE: SPECIFIED RENTER -OCCUPIED HOUSING UNITS) DUG 0 19 14 760 21199 SOME OTHER SOURCE60 8 LESS THAN $10.000 0 19 41 41 35 1183 ---_-------- $10.000 - I9,999 2/ 460 338 1616 48 H35. TELEPHONE IN HOUSING UNIT $20.000 - 34.999 103 139 343 610 40 (UNIV: OCCUPIED HOUSING UNITS) $35,000 - 49.999 339 584 3662 1205 625 777 280 0 46 20721 S50,000 OR MORE 1988' 1922 t010 4169 413 WITH TELEPHONE TOTAL UNITS 4125 NO TELEPHONE 139 ............ u. u.. uu.uuuw...................w..w........................................................................... gneri Development Company 227 - 20th Street Newport Beach, California 92663 (714) 673.5556 September 7, 1990 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA. P/e; I 1q 1"? '510 Planning Dept., I am in the process of plan checking my project located at 227 - 20th Street, in which I am building a Four Condo project, which has an office complex and three res- idential condos. I wish to use the following addresses for the project which is at the end of 20th Street and the Bay. I would like to have the following addresses: OFFICE COMPLEX Easterly Condo Center Condo Westerly Condo 227 - 20th Street 229 - 20th Street 231 - 20th Street 233 - 20th Street THANK YOU. —y PIONERI DEVE PMENT J -mm OYLO {4ue, , y 70, 2,0 W ti,41 h �0 1 -W- ht?�4u 4-6 li4 b V-4 1 aY TO: Planning Commission-11. '4 3. That the intersection of the private streets and drives be designed to, provide sight distance for a speed- of,25 miles per hour. Slopes, landscape, was and other 600at;tion shall be considered in the sight distance requireingnisr Landscaping and walls within the sight line shall not 'treed twenty-four G inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 4. That the child care facility shall be limited to 100 children --- - unless an amendment to this use permit is approved by the Planning Commission. 5. That the hours of operation of the child care facility shall be limited to 6:00 a.m. to 7:00 p.m. daily. 6. That all improvements be constructed as required by Ordinance and the Public Works Department. U That the child care sidewalk system tie into the cancer center sidewalk system and that a 5 foot wide sidewalk be constructed along the northerly side of the private street between West Coast Highway and the child care facility. 8. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 9. That County Sanitation District fees be paid prior to issuance any building permits. L�r� U10That the primary entrance located on West Coast Highway l G ` shall not be used to serve the child care facility or the Cancer LN� Center until the West Coast Highway widening has been �— completed and the traffic signal installed. 11. That the applicant shall widen Hospital Road to provide a left turn for east bound traffic, unless otherwise approved by the Public Works Department. 12. That the outdoor play areas shall not extend toward the bluff more than 30 feet from the proposed child care building. 13. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of building permits. (T►¢_ c,cn eto -Sr �-1 A—t— — - ' j,.,, _6 / CS_0O � -1 G� �r 1 * IS wl-1 -� 'Ve'a' , AMISSIONERS ii� yyL� 41 g q j t)�/i M (4,j tvtAdptember 7, 1989 CALL Motion All Ayes INDEX YggTU-perng uu v.,an.ae o - - - ublic hearing was closed at this time. ;.y.�.�. Motion was made to approve Use Permit No. 14� .(Amended) ind related environmental document subject fi;tite findings, ? nitigation measures, and conditions in Exhibit ! h, including t e ' 'oregoing modified Mitigation Measure No. 12, and Condition go. 4, and No. 7. Commissioner Pers6n commended the applicants' proposal. Commissioner Di Sano supported the motion based on the need for a child care center. Chairman Pomeroy stated that the subject site solves' many of the concerns that the Planning Commission had with respect to the sites previously suggested by the applicants. Motion voted on to approve Use Permit No. 1421and related (Amended) environmental aforement oned modifiedcond tions. MOTION ment including the A. Environmental Documen: Accept the environmental document, making the following findings and requiring the following mitigation measures: FINDINGS: 1, That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K-3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. The project will not have any significant environmental impact. Mitigation Measures: 1, Development of the e b h he Building to andaPlanning permit to be approvedY Departments. -32- M'ISSIONERS September „ 1989 CALL INDEX Y... temporary and permanent drainage $,,� . impacts from silt, debris and other water o9ltitants. 3 The grading permit shall include a desdr`ljxt'pd of haul ' routes, access points to the site, wateact of haul opera- , program designed to minimize the imp tions. dust control plan shall be q An erosion, siltation and submitted and be subject to the approval of the Building Department and a copy forwarded t, SantaiforAnna ntrol Booard,a Regional Water Quality Co Region. 5 The grading, excavation and recompaction of the site shall be conducted in accordance with plans prepared by a Civil Engineer and Lased on the eologist� subsequentendations fto soil engineer or an engineering g geologic the completion of a gomprehenswe soil and investigation of the site. Permanent lan Prodstandard icible size of the "Approved as Built" g Department. sheets shall be furnished to the Building and irrigation plan for the project shall be ( . A landscapea licensed landscape architect. L/ prepared by rate and phase the installation landscape plan shall integ construction of the landscaping with the proposed structure, the schedule. Prior to the occupancy of any licensed landscape architect shall certify to the Planning Department that the landscaping has been installed_ ared plan. accordance with the prep �7. 1 w of the The landscape plan shall be subject to artmentie e and the -1 Parks, Beaches, and Recreation Depks Departments. approval of the Planning and public or the lndscaping Said plan shall give special emphasisthe fence enclosure to provided for the purpose of screening around the outdoor play areas. 8. All rooftop and other Meg , lnequipment quas o tachelveba v sound attenuated in such a property line, and that allmmsound e hanical lequ5pm of 5 B to S aat heh Preened from view. -33- MISSIONErr3 MINUTES September 7, 1989 CALL .% a maximum of 45 dBA CNEL and the ouWdl play areas shall be sound attenuated to a maximd .'of 65 dBA CNEL as measured from the area expected:'3b experience the highest sound.levels. Measurement and certification' of compliance with this condition shall be completed prior to the issuance of the Certificate of Occupancy by a registered engineer practicing in acoustics. 10. The lighting system shall be designed, direct d, and maintained in such a manner as to conceal light sources and'to minimize light spillage and glare to the adjacent residential areas. The plans shall be prepared and signed' by a licensed Electrical Engineer; with a letter r stating_ that, in his opinion, this requirement has been met. 11. The structure shall be designed to protect the building from gas accumulation and seepage, based on the recommendations of a qualified geotechnical engineer. 12. The building shall be equipped with methane gas sensors. Such sensors shall be installed in areas of likely accumulation, such as utility'or other seldom used rooms. Sensors can monitor on a continuous basis and can be tied into fire alarm systems for 24 hour surveillance. Installation of the gas sensors and alarm system shall be verified by the Building and Fire Departments. The property owner shall comply with any Ordinance requiring mitigation of methane gas hazards provided the Ordinance is effective within 90 days of when the use permit is effective. B. Use Permit No.— o 1421 (Amended): Approve the Use Permit with the following findings and subject to the following conditions: FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding uses. 2. That adequate parking will be provided to serve the child care facility. -34- INDEX CA %-,- 227 - 20TH STREET FAIR SHARE CONTRIBUTION WORKSHEET January 4, 1991 2796 square feet office @ $1.43 3 units residential @ $936.44 New construction: 2746 x $1.43 = $3926.78 3 x $936.44 = 2809.32 Total $6736.10 Existing to be demolished: 450 square feet office @ $1.43 = $643.50 Office Calculation $3926.78 Credit for existing 643.50 Total Office Fair Share $3283.28 Fee to be paid: Residential $2809.32 Office 3283.2 Total Fair Share Due $6092.60 n rk - RESIDENTIAL ZONING CORRECTIONS All Telephone: (714) 644-3200 Plan Che o: By:Dana Aslami, Associate Planner B)-. a Kaznocha/ Assistant Planner By:Scot Ferris Assistant Planner. By: Date: 49 .� /Q Address: 2. r7 7 Corrections Required: � Legal Description: Lot � Block c—;26 Section 14 Tract Verify legal description with Public Works Covenant required. Please have owner's signature document and return to me. Lot Size Number of Units If - Buildable Area he attached Maximum Structural Area (Area including exterior walls, stairway(s) on one level and required parking). x buildable area. Proposed Structural Area: x buildable area. Provide tissue overlay of calculations verifying proposed square footage. Open Space Area cu.ft. (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in any direction (61x 61x 61), and open•on-at least two sides, or one side and one end. • ci nR �,2ouND FLr�,e -AND 3n'':%,,es D jeue1- Is r-ce sr,aG AwD 10 1� i fo2 3loc- An» 161 roe-3)wOki TRIP—OXCIVej, Note: The following are not permitted to encroach into required setback: Balconies Fireplaces Decks Bay/Garden Windows Other Remarks: Height Limitation Measured from natural grade to mid -point of roof. Code allows an additional 5'-0" to the ridge height. Allowable mid -point Allowable ridge height Dimension all elevations from natural grade mid -points) of roof plane(s) to: ridge(s) of roof plane(s) Label natural grade and finished grade on all elevations. Distance between buildings Maximum Coverage Number of Stories AO Reouired Parkin¢; clear inside minimum 7/' 9'-4" x 19' single space 17'-6" x 19' two spaces 8' x 16' third/fourth spaces(s) Label clear inside dimensions of provided parking spaces Is demolition proposed? Number of units to be demolished Fairshare Contribution r San Joaquin hills Transportation Corridor Fee Park Dedication Fee SPECIAL APPROVAL REQUIRED THROUGH: Modifications Committee. Indicate Modification Approval No. on plans. Modification required for Plannin¢ C ' %k Use Permit iT 337r Variance Resubdivision/Tract "# 9�Xt74 Site Plan Review .Af"'.'�s Other Public Works: Easement/Encroachment Permit Subdivision Engineer Traffic Engineer Approval of Landscape Plans Building Department: Grading Engineer Parks Departments Approval of Landscape Plans f',)&� �.cs,a�r�n�,�7 ?� ie. b 1110,,Oc Coastal Approval Reauired: Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) Coastal development Permit No. Categorical Exclusion No. (C.E.O.) (Note: Building permits may be issued 10 days following issuance of C.E.O.) Waiver # Exempt, Because Miscellaneous 64, 1. Provide floor plan(s), fully dimensioned, showing all room uses. 2. P rovide plot plan, fully dimensioned, showing: location of all buildings, and distance to property lines. distance from face of curb to front property line (verify with Public Works) second and third floor footprints (i£ applicable) all projections (i.e. fireplaces, bay windows), label distance(s) to FL(s) 3. Chimney (and chimney caps etc.) heights permitted only as required by U.B.C. or manufacturer specifications. 4. Pools, spas, walls, fences, patio covers and other freestanding structures r require separate reviews and permits. 5. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. ' FAR WORKSHEET = =(for estimations onlvl Subject Address: -gyp ,sm� C Lot area (site area sq.ft.): sq.ft. Base Development Allocation (BDA): comm sq.ft. [0.5 x site area sq.ft.] FAR permitted, without variance: (A) comm res pkg Square footage permitted: comm res nka sq.ft. [(A) x site area sq.ft.] Maximum FAR allowed with variance: (B) comm res pkg_ Maximum square footage allowed: comm res sq.ft. [(B) x site area sq.ft.] PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. (D) Reduced FAR use sq.ft. (E) Maximum FAR use sq.ft. (F) TOTAL SQ.FT. [C+D+E] PROPOSED FAR: PROPOSED WEIGHTED DEVELOPMENT: FAR Use Category (G) sq.ft. Base sq.ft. Reduced sq.ft. Maximum Weighting Factor X 1.00 X 1.67 A X 0.50 sq.ft. sq.ft. sq.ft. sq.ft. ,aa/g brAf— 611i8o —A2 '/7oz 'of /�•o 0 ( F _ site area sq.ft. ] 7 S Weighted Sq. ;t. (043 4 Coau.Mer— ( G x H ) C;t &C 4 teil- TOTAL WEIGHTED SQ.FT.(May not exceed BDA) F:\WP50\JAY\FARWKSH3.DOC Revised 9-26-89 sq.ft. sq.ft. sq.ft. CITY OF NEWP OR T BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3005 June 27, 1990 TO WHOM IT MAY CONCERN: a The attached Minute pages represents a summary of the discussion and action taken at the City Council Meeting of June 25, 1990, relative to USE PERMIT NO. 3379, a request of PIGNERI DEVELOPMENT. The subject Minute pages will be presented to the City Council at the next regularly scheduled meeting on July 9, 1990 for final approval'. WANDA E. RAGGIO City Clerk Attachment e 3300 Newport Boulevard, Newport Beach C 4 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES y.9 REGULAR COUNCIL MEETING \LL\\ PLACE: Council Chambers TIME: 7:00 P.M. LL CDATE: June 25, 1990 INDE: Presentation of Certificate of Appreciation to Mayor and Council Members by the Adult.Learners of Newport Beach Public Library Literacy Services. resent x x x x x x A. ROLL CALL. bsent x otion x B. Reading of Minutes of Meeting of June 11, 11 Ayes 1990, was waived, approved as written, and ordered filed. otion x C. Reading in full of all ordinances and 11 Ayes resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Plummer opened the public hearing and Modifica City Council review of an appeal by Mr. and 3688 Mrs. Yasui from the action taken by the (94) Planning Commission on May 24, 1990, to deny Modification No. 3688, on property located at 345 Cameo Shores Road. A request to permit the retention of an as -built 5 foot 6 inch high wrought iron fence and related 6 foot high stone pilasters topped with 2 foot high light fixtures, which encroach 15 feet into the required 15 foot front yard setback adjacent to Cameo Shores Road, and which also encroach 15 feet into the required 15 foot front yard setback adjacent to Hampden Road. The front yard setbacks are established by Districting Map No. 31. Report from the Planning Department. Appeal application of Mr. & Mrs. Yasui. Letter from Attorney Mitch Moriyasu Michino, representing applicants, requesting continuance to July 9, 1990. otion x Motion was made to continue the public 11 Ayes hearing to July 9, 1990, as requested by the applicant's attorney. 2. Mayor Plummer opened the public hearing and U/P 3379 City Council review of USE PERMIT NO. 3379. (88) A request of PIGNERI DEVELOPMENT, to allow cLENDfl :P A A TR E Al ID C RRE T C PY a proposed mixed use residential/commercial yaf " ¢ .. .< structure to exceed the 26 foot basic CITY CLF K OF THE CI Y OF u 81 kCH height limit in the 26/35 Foot Height Limitation District; to allow commercial development of the site which maintains a DATE, ._ ...� 77, Floor Area Ratio which is less than 0.25; ~� and to allow a general office use which s ? Volume 44 - Page 214 N.yn• c'<� F0 aN�P CITY OF NEWPORT ®EACH COUNCIL MEMBERS MINUTES G,p2 9� A FP F s� OLL CALL June 25, 1990 INDEX must be in conjunction with an Incentive U/P 3379 Use occupying at least 40% of the site; and the acceptance of an environmental document. Property located at 227 20th Street, on the westerly side of 20th Street, on the Rhine Channel, in the Cannery Village/McFadden Square Specific Plan Area. AND SITE PLAN REVIEW NO. 58 - Request to permit Site Pln the construction of a mixed use Rvw 58 residential/commercial development containing general office use on the ground floor and three dwelling units on the second and third floors on property located in the "Recreational and Marine Commercial" area of the Specific Area Plan. AND RESUBDIVISION NO. 924 - Request to Resub 924 resubdivide an existing lot into a single parcel of land for mixed use condomnium purposes so as to create one office condominium and three residential condominium units. Report from the Planning Department. The City Manager, in reviewing the staff report, noted the following with regard to the subject application: The project is basically a condominium with commercial on the first floor and residential on the upper floors. The roof line proposes to exceed the basic height of 26 feet with the Planning Commission imposing a height limit not to exceed 31 feet. The project is residential/condominium mixed use, with one of the concerns being that there could be different owners for each of the units, and with the boat charter on the subject property, there is a potential conflict of uses, inasmuch as it will not be all residential or all commercial, As a result of this concern, the Planning Commission imposed a condition (No. 21) that states, "The applicant shall include within the project's Covenants, Conditions and Restrictions (CC&R's), specific language pertaining to the method and procedure for resolution of conflicts that may occur between the residential condominiums and the commercial condominium. Said language shall be submitted to the City for review and approval by the City Attorney, prior to the recordation of the parcel map." Volume 44 - Page 215 19A lotion Motion x x CITY OF NEW -PORT BEACH June 25, 1990 MINUTES The Planning Director explained the proposal as depicted on the drawings on display. He referenced the boat charter operation, summarized potential problems relative to this operation adjacent to a mixed use, and also addressed the setback requirements, proposed sidewalks, landscaping and parking. Charles Pigneri, applicant, 1131 E. Balboa Boulevard, addressed the Council in support of his request. He advised that the boat charter operator has made arrangements with Hutchison Body on Newport Boulevard and Industrial Way to park the bus which will be used to transport charter users to the site. He also emphasized that he intends to sell only one condominium from this project which means he will keep two under his ownership, as well as all of the commercial use. He also noted there will be 6-foot-wide corridors between the buildings, and a 6-foot sidewalk around the perimeter of the project. Council Member Strauss expressed his desire to adhere to the height limit in this area. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to sustain the decision of the Planning Commission, based on the Findings and Conditions contained in Exhibit "A" of the staff report. Council Member Watt spoke against the motion, noting she felt the subject property was being "over used," and she was concerned with the fact there would be no parking for the boat charter bus. Following discussion, substitute motion was made to sustain the decision of the Planning Commission, based on the Findings and Conditions contained in Exhibit "A" of the staff report, with the deletion of that portion of landscaping south of the public bulkhead, and that the boat charter operation at this location be reviewed by the appropriate agency. It was pointed out in discussion that a Commercial Harbor Activities Permit has already been issued by the Marine Department, as well as a Marine Charter Permit by the License Department for the subject area, and that the charter operation currently being conducted will change to some extent by virtue of the proposed development. The City Attorney Volume 44 - Page 216 U/P 3379 .>t CITY OF NEWPORT BEACH MINUTE" L ,� ti �, `o' )es Ix Ix Ix I I xI X. June 25, 1990. indicated he felt both the Tidelands U/P 3379 Administrator and License Supervisor will take a "hard look" at the type of operation being proposed during the construction phase and afterwards, and as a result, impose enough conditions to assure that the transportation issue works. He also advised that the subject permits could be revoked, or no new permits issued if it is determined that the boat charter operation is incompatible with the area. The substitute motion was voted on and carried. E. PUBLIC COMMENTS: 1. A resident who requested to remain Beach Mntnc anonymous addressed the Council regarding her concern with broken glass on and around the beaches. Mayor Plummer advised that she would have the appropriate department investigate. 2. Ginger Varin, President of Newport Beach NBCEA Employees Association, addressed the Council and expressed appreciation for the prompt and courteous manner she and her fellow associates were given during the past negotiations.. She also thanked the Council for the consideration they gave to their association's proposals. 3. Sid Soffer, 900 Arbor Street, Costa Mesa, Bryant/ addressed the Council regarding the Sundaga Claim Bryant lawsuit. 4. John Nicoll, Member of the Library Board of New Centra. Trustees, addressed the Council and Library announced that the California State Library has awarded the City a funding grant of $727,387 for interior furnishings, etc., for the New Central Library. 5. Mayor Plummer extended a safe and sane 4th 4th of July/ of July Celebration to everyone, and Fireworks advised that there will be a parade and picnic at Mariners Park at 10:00 a.m., with fireworks shows at the Newport Dunes and Big Canyon Country Club. She reminded that the sale and use of fireworks is prohibited in the City. Volume 44 - Page 217 e Planning Commission Meeting May 24, 1990 Agenda Item No. 7 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A Use Permit No. 3379 (Public Hearing) Request to allow a proposed mixed use residential/commercial structure to exceed the 26 foot basic height limit in the 26/35••Foot Height Limitation District; to allow commercial development �of the site which maintains a Floor Area Ratio which is less than-0.25;. and to allow a general office use which must be in conjunction with an Incentive Use occupying at least 40% of the site; and the acceptance of an environmental document. m B. Site Plan Review No. 58 (Public Hearing) Request to permit the construction of a mixed use residential/commercial development containing general office_use.on the ground floor and three dwelling units on the second and third floors on property located in the 'Recreational and Marine Commercial' area of the Cannery Village/McFadden Square Specific Plan Area. RUNT C. Resubdivision No. 924 (Public Hearing) Request to resubdivide an existing lot into a single parcel of land for mixed use condominium purposes so as to create one office condominium and three residential condominium units. LOCATION: Lot 13, Block 220, Section A, Newport Beach, and property bayward of Lot 13, to the U.S. Government bulkhead line,, located at 227 20th Street, on the westerly side of 20th Street, on the Rhine Channel, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP-6 APPLICANT: Pigneri Development, Newport Beach C TO: Planning Commission - 2. OWNER: Same as applicant ENGINEER: RdM Surveying Inc., Costa Mesa Application These applications involve a request to approve a Site Plan Review so as to permit the construction of a mixed use residential/commercial development containing general office use on the ground floor and three dwelling units on the second and third floors on property located in the "Recreational and Marine Commercial" area of the Cannery Village/McFadden Square Specific Plan Area. The proposal also includes a request to approve a use permit so as to allow the proposed structure to exceed the 26 foot -basic height limit in the 26/35 Foot Height Limitation District; to allow commercial development of the site which maintains a Floor Area Ratio which is less than 0.25; and to allow a general office use which must be in conjunction with an Incentive Use occupying at least 40% of the site. The proposal also includes a request to resubdivide an existing lot into a single parcel of land for mixed use condominium purposes so as to create one office condominium and three residential condominiums. Newport Beach Municipal Code contains review procedures for these applications, as follows: Site Plan Review in Section 20.01.070; Chapter 20.80, Use Permits for general commercial and office uses in conjunction with incentive uses in Section 20.63.035; Use Permits for commercial floor area in mixed use developments less than 0.25 FAR .in .Section 20.07.040(C); and Resubdivision procedures in Section 19.12.040 of the Municipal Code. Environmental Significance In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, an Initial Study has been prepared for the proposed project. Based on the information contained in the Initial Study, it has been determined that the project will not have a significant effect on the environment. Therefore, a Negative Declaration has been prepared for the project and is attached for the Planning Commission's information. Conformance with the General Plan and Local Coastal Program, Land Use Plan The Land Use Element of the Newport Beach General Plan and the Local Coastal Program, Land Use Plan designate the site for "Recreational and Marine Commercial" use. This land use designation -is intended to encourage coastal -dependent, coastal - related and visitor serving land uses. Residential development is allowed above the first floor. General commercial or office land uses require the provision of a 409o' mix of incentive uses. The Land Use Element specifies a land use intensity limit of 0.511.0 FAR, with mixed use commercial/residential development allowed up to a Floor Area Ratio of 1.25. The TO: Planning Commission - 3. covered parking FAR allocation for mixed use projects is 0.35, so the mixed use building bulk limit is 1.60. One residential unit is allowed for each 2,375 sq.ft. of buildable lot area which would allow five dwellings on the 12,566 square foot site. The residential portion of the project contains 9,380± sq.ft. or .746 FAR. The 2,746 sq.ft of commercial development equals .218 FAR. Covered parking occupies 2,160± sq.ft., or .172 FAR. The total building bulk of the project is 14,286± sq.ft. or 1.137 FAR. The project is consistent with the provisions of the Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan. Subject Property and Surrounding Land Uses The subject property has historically been used as a boat yard. To the north, is Newport Bay; to the east, across 20th Street, is a multi -family residential apartment; to xhe.south, is a duplex, and to the west, is an operating boat yard. Background At its meeting of July 24, 1986, the Planning Commission approved Use Permit No. 3213 which included a request to permit the construction of a 35 unit bed and breakfast facility which exceeded the 26 foot basic height limit in the 26/35 Foot Height Limitation District. Said approval also included a related traffic study and a resubdivision so .as to combine four parcels into a single building site (the previous project also included the two adjoining lots to the southwest). The action of the Planning Commission is set forth in the attached excerpt of the Planning Commission minutes dated July 24, 1986. At its meeting of August 25, 1986, the City Council sustained the action of the Planning Commission. For the Planning Commission's information, staff has attached excerpt of the July 24, 1986 Planning Comrission minutes and the August 25, 1986 City Council minutes. Anal si As indicated previously, the applicant is proposing to construct a mixed use commercial/residential development containing 2,746 square feet of commercial floor area and three dwelling units. The proposed residential units will include three bedrooms, a living room, a family room, kitchen and 3 1/2 bathrooms. Each residential unit will include a four car garage in a tandem configuration. The required commercial parking spaces will be open, surface parking located on the southwesterly portion of the site. The other major characteristics of the project are set forth in the following outline: Standard Allowed/Requireds Commercial Floor Area # 3,141 sq.ft. (.25 FAR) min. 6,268 sq.ft. (.5) max. Proposed t 2,746 sq.ft. (.218 FAR) perrikt. lessito V14l, Residential Floor Area 9 9,424 sq.ft (.75 FAR) 9,380± sq.ft.(.746 FAR) 9 1toS r. M T0: Planning Commission - 4. Standard ,,Allowed/Required f Proposed i AGTuAL W$16W Covered Parking FAR d Allocation Building Bulk Dwelling Units Commercial Parking Residential Parking Building Height Setbacks: 20th Street Bulkhead Side Southerly Side Rear Site Plan Review No 58 4,398± sq.ft.:Z.35 FAR) 2,160± sq.fd (.172 FAR) 2/2y0 1.60 FAR 1.137 FAR 5 3 11 spaces 11 spaces; one of which is handicapped 5 spaces (1.5 per DU) 12 spaces (4 per -DU);--six of which are tandem spaces 26/35 feet 32 ft. to top of flat roof; 35 ft. to top of mansard roof (i.e. top of roof deck railing); 34 ft. average height of skylight; 35 ft. maximum height of skylight 5 feet Varies 5 ft. to 8 ft: 6 in. on ground floor; 5 ft. on second and third floors 10 feet Varies 11 ft. to 15 feet on ground level; 15 ft. for building and 10 ft. for deck on second level; 25± ft. for building and 16 ft. for deck on third level None None 43.6± ft. 4± inches The Cannery Village/McFadden Square Specific Area Plan requires Site Plan Review for all development in all RMC - Recreation and Marine Commercial areas. The review of site plans have specific standards of review as established in Section 20.01.070 of the Newport Beach Municipal Code. Each standard is listed below, with a brief discussion of the project as it relates to each. December 19, 1990 Corrections for Plan Check 1919-90 1. Submit lighting system plans and landscape plans as described iii'•ritigation measure numbers 6 and 8 as approved by City Council June 25, 1990. (attached) " 2. Submit evidence of final design providing for water saving devices for project lavatories and other water using facilities per mitigation measure number 7. Parks, Beaches and Recreation Department must review and also be submitted to and approved by both the Planning and Public Works Department. 3. Applicant must record covenant for the provision of required incentive uses. Covenant must be submitted to and approved by the City Attorney per Condition 3 of the Use Permit. 4. Covenants, Conditions and Restrictions must be submitted for review and approval by City Attorney's office prior to recordation of parcel map per Condition 21 of Resubdivision 924. 5. The building height is limited to 31'6" per Condition 2 of the Use Permit. 6. Note: Parcel Map must be recorded prior to issuance of permits per Condition 1 of Resubdivision 924. See additional notes on correction list. Also, please review all conditions of approval and ensure all departments are satisfied to avoid any delay. SHEET I OF I SHEET 0.200 ACRES i PARCEL PLOT PLAN 9' CHAIN LINK PROPOSED OFFICE PROPOSED CONDO C PROPOSED CONDO 8 2 STORY 1 OLD. EY•STCINO A.C. OLD. y 90.00 I7" W000 FENCE fA � 1° • 2 STORY RESIDENCE PROPOSEOI OFFICE PROPOSED C%NDC ®im R ,�, RAN NIfO� IM� fXN. SAIF.1100101 OWNER: SURVEYOR: PIGNERI DEV. CO. RdM 9URVEYINO INC. 22T 20 TH ST. 447 E. 17 TH ST• NEWPORT SEACH•CA COSTA MESA. CA (7101148-3881 SEAWALL IRROPOSED STORAGt EXIS'TRM � "I r I 1 Wray ' •1 COMM. ' \ I ,' • 28' 1 [ a • I 1 i¢ O 1 '• FIA[ Y0. I EXIST. RLOCK I OLD. l - • YETEN N[T[S •' WATFA E7EA September 7, 1990 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA. Planning Dept., I am in the which I am bull idential condo' the end of 20th L gneri Development Company 227 - 20th Street Newport Beach, California 92663 (714) 673-5556 process of plan checking my project located at 227 - 20th Street, in ling a Four Condo project, which has an office complex and three res- s.- 1 wish to use the following addresses for the project which is at Street and the Bay. I would like to have the following addresses: OFFICE COMPLEX Easterly Condo Center Condo Westerly Condo 227 - 20th Street 229 - 20th Street 231 - 20th Street 233 - 20th Street THANK YOU. PIGNERI DEVE OPMENT t eautevagn i -r S' ,y /6 2M i • 1F W n � gIOK no¢.v. ua.e 000li 47 "Z PAGES 16,17,18,19,20 'CO-MMISSIONERS o�o�N%1511W&V4 May''24, 199UMINUTES CITY OF NEWPORT REACH INDEX tOLL CALL A Use Permit No 3379 (Public iT!El stem No.7 Request to allow a proposed mixed use residential/commercial in the 26/35 UP3379 structure to exceed the 26 foot basic height limit Limitation District; to allow commercial SPR 58 Foot Height development of the site which maintains a Floor Area Ratio to a general office use which R924 — which is less than 0.25; and allow must be in conjunction with an Incentive Use occupying at least Approved 40010 of the site; and the acceptance of an environmental document. AND B. Site Plan Review No 58 (Public Hearingl Request to permit the construction of a mixed use residential/commercial development containing general office use on the ground floor and three dwelling units on the second and third floors on property located in the 'Recreational and Marine Commercial' area of the Cannery Village/McFadden Square Specific Plan Area. AND C. Resubdivision No 924 (Public Hearing) Request to resubdivide an existing lot into a single parcel of land for mixed use condominium purposes so as to create one office condominium and three residential condominium units. LOCATION: 3Block � Section �Newport Beach and property baywa d of Lot o the U.S. Government bulkhead line, located at 227 20th Street, on the westerly side of 20th Street, on the Rhine Channel, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP-6 APPLICANT: Pigneri Development, Newport Beach OWNER: Same as applicant -15- MMISSIONERS "k May 24, 199UMINUTES LOLL CALLFH] INDEX ENGINEER: RdM Surveying Inc., Costa Mesa down from the dais because of a Commissioner Pers6n stepped potential conflict of interest. James Hewicker, Planning Director, referred to the addendum to the staff report regarding a park dedication fee required for the proposed dwelling units. Mr. Hewicker indicated that staff has concerns regarding the 35 foot height of the proposed project, space that is being provided by the and the public visual open architect in exchange for exceeding the height limit. Mr. Hewicker calculated that a portion of the third floor and the roof deck above the third floor consists of 30,833 cubic feet of volume of building above the height limit, and the cubic volume of open space being provided on the front and side portions of the project, taking into consideration the proposed setbacks, consists of 15,860 cubic feet, excluding the open space between the structures on the second and third floors and the open space that is being provided on the rear area of the site. He stated that the bulk above the height limit is not providing an adequate return of open space. Mr. Hewicker indicated his concern regarding the residential/commercial mixed use concept and a possible conflict between the boat charter operation and the residential property owners. He addressed the boat charter service that currently and the bus that will be used to provide a exists on the site, service for persons chartering the boats. He indicated that there is not a designated area on the proposed plan to park the bus or where the bus can be loaded and unloaded except for an area on 20th Street. In response to a question posed by Commissioner Glover with the bay, Mr. Hewicker explained that respect to mixed use on previously approved mixed uses on the bay have not incorporated individual condominium residential and commercial property of owners. He further explained the comparison previously approved use permits for commercial and residential uses with the subject use permit. Commissioner Glover indicated that she supported mixed commercial and residential use wherein she said that there will always be a conflict between residential and commercial uses, and that tenants understand there will be possible controversy. -16- COMMISSIONERS CITY OF NEWPORT BEACH May 24, 1990 MINUTES DLL CALL CITY OF NEWPORT BEACH May 24, 1990 MINUTES DLL CALL INDEX Commissioner Di Sano addressed a previously approved use permit on the Lancer Landing site, located on West Coast Highway, that requires boat charters to come back to the City for approval. The public hearing was opened in connection with this item, and Mr. Charles Pigneri, applicant, appeared before the Planning Commission. Mr. Pigneri indicated that he intends to reside in one of -he residential condominiums, he will own a second resident. it condominium unit, the third residential condominium will be sold, and he will control the commercial space and the docks. Mr. Pigneri stated that his request to amend the General Plan Amendment in November, 1989, so as to rezone the subject property to the MFR District would have allowed him to construct 10 residential condominium units had he decided to execute the request. Mr. Pigneri stated that the MFR District have allowed him to construct 17,500 square feet of floor would area, and a building height of 32 feet whereas the proposed project consists of 12,000 square feet and the building height on the third floor is 31 feet 6 inches with the remaining 42 inches consisting of open railings around the roof decks. He further indicated that the MFR District would permit him to maximize the entire property and the open space that is proposed would not be required. Mr. Pigneri concluded that he would rezone the property to the MFR District, and develop and sell the 10 condominium units if the proposed project is not approved. Mr. Hewicker indicated that there is no assurance that the City would approve the applicant's request to rezone the property to the MFR District. Mr. Pigneri stated that if the amendment would not be approved, he would be allowed to construct 8 condominium units based on 1,600 square feet of lot area per unit in the C-1 District and an increased building height would be permitted. In response to a question posed by Commissioner Merrill with regard to the number of units that could be considered in the Site Plan Review, Mr. Hewicker explained that the Planning Commission has the opportunity to reduce the number of requested units if the applicant requested 8 condominium units as he previously stated. Mr. Pigneri further responded that the Planning Commission approved Use Permit No. 3213 which included a request to permit the construction of a 35 unit bed -17- 'COMMISSIONERS o pow May 24, 1990 MINUTES CITY OF NEWPOR'T BEACI; INDEX 2OLL CALL and breakfast facility on the subject property. by Commissioner Di Sano, Mr. In response to a question posed Pigneri stated that the building height of the apartments across 20th Street from the subject property are approximately 30 to 35 feet in height. Mr. Pigneri opposed Condition No. 15, Resubdivision No. 924 in Exhibit "N' regarding the 5 foot public access easement along the westerly side property line on the basis that he would be required to set back the proposed office space on the first floor 5 feet, and one foot for the residential use above the first floor. Mr. Pigneri opposed Condition No. 12, Resubdivision No. 924 in Exhibit "N" regarding the request to reconstruct the median island on West Balboa Boulevard at 20th Street so as to provide an eastbound left turn lane. Rich Edmonston, Traffic Engineer, explained that the City is concerned with the maneuverability of the bus that is proposed for the boat charter's use, and the size of the project also was considered. Mr. Pigneri addressed the impact of traffic at the 7-11 Convenience Store on 20th Street, and the traffic congestion that would be created by the left turn lane. In response to a question posed by Commissioner Merrill, Mr. Pigneri stated that the commercial use would consist of his personal office, the boat charter business, and a business or office that would support marine -related uses. Mr. Pigneri further responded that the boat charter business has been operating from the subject site for the past two years; it has been approved by the Marine Department and the Coast Guard; the operating hours usually start at 5:00 p.m.; the length of the boat is 74 feet; the average passenger count is 75 persons and the bus is licensed for 80 passengers; the bus will enter into the 24 foot wide driveway which consists of the charter's 3 parking Spaces, the applicant's office space requirement of 2 parking spaces, and an additional parking space whereby the 6 parking spaces measure 54 feet and the bus measures 40 feet; the bus will not interfere with the residential parking spaces; and he will monitor the bus charter service's operating hours. Mr. Tim Eksted, owner of California Yacht Charters, 227 - 20th Street, appeared before the Planning Commission. Mr. Eksted addressed the expressed concerns regarding the all night student -18- COMMISSIONERS 11;��) o IN" i \1 s• May 24, 1990 MINUTES CITY OF NEWPORT BEAUM INDEX DLL CALL charters wherein he suggested that a curfew should be initiated for 12:00 midnight on all charters with the exception of the charters located at commercial locations. Mr. Eksted stated that he notifies the Business License Department regarding variations in his operating hours which have been approved from 8:00 a.m. to 12:00 midnight on weekends and -11:00 p.m. on week nights. Mr. Eksted reviewed the operation of his boat charter business, and he said the bus was purchased to support the operation and to alleviate potential parking problems in the area. Mr. Eksted stated that the bus will be used as a'shuttle between Costa Mesa and the subject site. In response to a question posed by Mr. Hewicker, Mr. Eksted explained from the site plan on display, the 6 foot wide sidewalk that the passengers will use between the bulkhead and the parking lot. Commissioner Merrill and Mr. Eksted discussed the locations that could be used to park the bus while the passengers are on the charter boat. In response to a question posed by Commissioner Di Sano regarding a condition that would permit the charter boat, Robin Flory, Assistant City Attorney, explained that a charter boat service is a permitted use at the subject site. Mr. Hewicker explained that the charter boat service has a Commercial Harbor Permit from the Marine Department to operate a charter service from the subject location and as long as he adheres to the conditions of the Harbor Permit, there is no requirement that the Planning Department could add to require a use permit. Mr. Hewicker stated that it is feasible that a condition could be added that would require a use permit in the event the existing charter boat service would cease operation at the subject site. to expressed by Commissioner Di Sano In response concerns regarding the requirement to come back to the Planning Commission for a use permit so as to review the operational the charter boat service inasmuch as it would characteristics of be adjacent to a residential development, Ms. Flory indicated that she was not certain what affect the proposed project will have on the existing Harbor Permit. Commissioner Di Sano, Chairman Pomeroy, and Mr. Hewicker discussed the close proximity of mixed marine -related uses with the existing residential neighborhood. In response to a question posed by Commissioner Di Sano, Mr. Pigneri replied that he did not object to Condition No. 20, Resubdivision No. 924, regarding the -19- .COMMISSIONERS AA � �,so.o O`A'�� `oyr �,, ��r� +dam ,L May 24, 1990MINUTES TOLL CALL INDEX park dedication fee as suggested in the addendum to the staff report. < In response to a question posed by Commissioner Edwards regarding the increased building height that would result in more public visual open space, Mr. Hewicker suggested a larger cut- off at the intersection of the public walk and 20th Street, and he described from the site plan on display the distz-ice between the bulkhead and the front of the building. Mr. Hew cker stated that the project is set back along the bulkhead, L id a minimum distance on the street side of the property; however, he questioned if the proposed open space would be sufficient public visual open space to allow the project to exceed the height limit. He stated that the applicant has provided a sufficient amount of open space at the back of the building; however, he questioned if the visual open space from 20th Street or the setbacks along the water are adequate. He stated that a portion of the third floor and the roof decks exceed the height limit. In response to a question posed by Chairman Pomeroy, Mr. Hewicker explained that one-half of the third floor and all of the roof decks exceed the height limit. Discussion ensued between Chairman Pomeroy, Mr. Pigneri, and staff regarding the ridge of the roof, the proposed railing on the roof deck, and where the height could be reduced on the project and where the open space could be increased. Mr. Pigneri and Mr. Hewicker discussed what affect an increase in open space would have on the required parking spaces. Mr. Pigneri and the Planning Commission discussed the creation of additional open space on the second and third floors, and the balcony on the first floor of the residential units. In response to a question posed by Commissioner Merrill, Mr. Pigneri responded that if the roof decks and railings would be removed, the projeces height would be 31 feet instead of 35 feet. Ms. Flory referred to the foregoing concerns expressed by Commissioner Di Sano regardingo the charter boat service, and she explained that there are provisions under the Commercial Harbor Permit that address the charter operation. She said that there is a provision stating that the application for the charter permit shall be denied if within the proceeding 90 day period the conditions of the prior permit have not been complied with by the applicant. She concluded that if the operational characteristics should change within 90 days that it would require a review to -20- May 24, 1990MINUTES COMMISSIONERS 1W INDEX OLL CALL be assured that the permit is in compliance with the conditions of the permit. 'There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Di Sano stated that the public visual open space provided justifies the approval of the increased building height, that the setback at the bulkhead could have been increased, and the open space at the rear of the project would appropriately Commissioner Di Sano supported serve the charter boat service. the concept of mixed commercial/residential uses in Cannery Village and he suggested conditions be considered regarding CC&R's and a charter boat operation on the property. Motion * Motion was made to approve Use Permit No. 3379, Site Plan Review No. 58, and Resubdivision No. 924 with the findings and '15 conditions in Exhibit "A", modify Condition No. in No. 1924, by deleting .and that a 5 foot public Resubdivision access easement be granted to the City along the westerly property line between the proposed 6 foot wide bay front 6 feet inland from the bulkhead of the easement and a point westerly property.", and add Condition No. 20 regarding the park dedication fee. In reference to Condition No. 15, Mr. Edmonston explained that if there was a guarantee that the Coastal Commission would the to the west, the approve a straight bulkhead across property City would have no objection to the deletion of a portion of Condition of Approval No. 15; however, he said that if the City does not have the easement along the westerly side of the the Coastal Commission does not allow the property and bulkhead to be aligned, then there would not be a continuous public easement across the subject property and adjacent properties to the west. Commissioner Glover supported the motion with the exception that she would have approved Condition No. 15 as suggested by staff. She maintained that the mixed commercial/residential concept is good and the implication is that businesses and learn to live together. Commissioner residents will have to Glover stated that the mixed use will enhance the area, and the marine -related uses is an opportunity to retain the "Newport" look. -21- COMMISSIONERS May 24, 1990 MINUTES S a CITY ®F NEWPOKT MLAU + INDEX OLL CALL Commissioner Edwards addressed his concerns regarding the bulk of the project, the project's height the public visual open space, and he suggested that Use Permit No. 3379 be continued for further review. He supported the concept of the mixed use. Commissioner Merrill concurred that he had concerns regarding the height, and he suggested that the roof decks and the project's bulk be modified. Chairman Pomeroy suggested a reduc. on in the area at the back of the building and increasing the open space adjacent to the the decks which would reduce the bulkhead, or to eliminate height of the building by 42 inches. Chairman Pomeroy and Ms. Flory discussed a condition that to resolve any conflict could be added requiring CC&R's so as that could develop between the residential owners and the commercial users. Commissioner Edwards suggested Condition No. 21, Resubdivision No. 924, which would require the applicant to make provisions for a conflict resolution in the CC&R's. The maker of the motion concurred with Condition No. 21. Chairman Pomeroy suggested that the 42 inch height be eliminated by removing the roof decks which would satisfy the concerns expressed regarding the project's bulk. In response to Mr. Pigneri agreed to a question posed by Chairman Pomeroy, the roof decks. The maker of the motion agreed to remove modify the motion as requested. The Planning Commission and staff discussed Condition No. 15, Resubdivision No. 924, regarding the easement and bulkhead, line and the Coastal Commission's desire to construct a string Channel. Mr. Hewicker and Mr. Pigneri bulkhead in the discussed the recommendation of an irrevocable offer to dedicate the bulkhead. Motion was voted on to approveathe Environmental Document, Use Permit No. 3379, with the revision of Condition No. 2 so a height of 31 feet, 6 inches, that the building does not exceed and the addition of Condition No. 7 regarding the deletion of the roof decks, Site Plan Review No. 58, and Resubdivision No. 924, with the deletion of a portion of Condition No. 15 regarding a 5 foot public access easement along the westerly property line, and adding Conditions No. 20 regarding the park dedication fee, -22- COMMI����SSIONERS May 24, 1990 MINUTES CITY O NEWFUN • Mr-Aurl INDEX DLL CALL and No. 21 regarding a conflict resolution in the CC&R's, subject Ayes * * * * * to the findings and conditions in Exhibit "A". MOTION Absent * * CARRIED. A. Environmental Document: Findings 1. That an Initial Study and Negative Declaration have been prepared in compliance with the nviromnental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K-3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That based on the information contained in the environmental document, the proposed design of the project will reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. Mitigation Measures: 1. An engineer's report on the adequacy of the existing bulkhead shall be prepared. The report shall include inspection and evaluation of all tie rods required for the proposed project. The engineer shall also evaluate loss of soil through the bulkhead wall as part of potential the report. 2. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. p 3. That adequate provisions be taken to insure that no debris, siltation or foreign material be permitted to enter the bay during demolition and construction. 4. All construction activities shall be limited to the hours of 7 a.m. to 6:30 p.m., Monday through Friday, and 8 a.m. -23- 'COMMISSIONERS '�•�- �� N CITY OF NEWPORT BEACH May 24, 1990 MINUTES LOLL CALL INDEX to 6 p.m. on Saturdays as outlined in Chapter 10.28.040 of the Newport Beach Municipal Code. e 5. That the finished floor elevation of the structure, except that area used for parking, be constructed at 6.27 feet above mean sea level as described in Chapter 20.63.045 of the Newport Beach Municipal Code. 6. That the lighting system shall be de: gned and maintained in such a manner as to conceal th., light source and to minimize light spillage and. glare from the commercial parking area to the adjacent residential uses. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. 7. Final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water -using facilities. 8. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and approval of the Planning Department and the Public Works Department. The landscape plan shall place heavy emphasis on the use of drought -resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over -watering. Mitigation Monitoring: 1. The Building Department 'shall review and accept all necessary reports and plans associated with Mitigation Measures No. 1 and 2 prior to grading or the issuance of building permits. Mitigation Measures No. 5 and 7 must comply with Building Department regulations prior to the issuance of building permits. Mitigation Measures No. 3 and 4 shall be monitored by the Building Department Inspectors during the construction of the project. 2. The Planning Department shall review and approve the necessary plans associated with Mitigation Measures No. 6 and 8 prior to the issuance of building permits. -24- 'COMMISSIONERS 10 AGO`�c���\ May 24, 1990 MINUTES r �- GITY ®F NE W POR INDEX LOLL CALL 3. The Parks, Beaches and Recreation Department shall the Public review and the Planning Department and Works Department shall approve Mitigation Measure No. 7 prior to the issuance of building permits. B. Use Permit No. 3379. Findit-s: 1. That the development provides for both public physical and visual access to the bay. 2. That the increased height results in more public visual that would result from compliance open space and views with the basic height limit, since the project design includes increased setbacks adjacent to the street end and the Bay. 3. The increased building height results in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. 4. The increased building height does not result in undesirable or abrupt scale relationships between the structure and existing developments or public spaces. 5. The increased height does not result in floor area exceeding that otherwise permitted. 6. That incentive uses are provided by the development office and which allow the establishment of general commercial uses. 7. That the proposed commercial space constitutes a significant portion of the development. 8. That the proposed commercial development is large enough to accommodate viable businesses. 9• The approval of Use Permit No. 3379 will not, under the circumstances of this case, be detrimental to the health, and welfare of safety, peace, morals, comfort, general -25- COMMISSIONERS wN ,A '. O� O� May 24, 1990 MINUTES CITY OF NEWPORT EEACH INDEX OLL CALL persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial the approved plot plan, floor plans, compliance with elevations and section. 2. That the building shall be no higher than 31 feet, 6 inches, subject to the provisions of the Cannery Village/McFadden Square Specific Plan in regards to the ground floor elevation and in accordance with the in Section 20.87.205 of the Newport definitions contained Beach Municipal Code. 3. That incentive uses shall be provided if general or office uses are provided on site. The split commercial between incentive uses and uses which can be developed only upon the provision of incentive uses is 40% incentive use and 60% use which requires incentive. Prior to the issuance of any grading or building permits for the project, the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, agreeing to the provision of required incentive uses. 4. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, is the upon a determination that the operation which injury, is detrimental subject of this Use Permit, causes or to the health, safety, peace, morals, comfort, or general welfare of the community. 5. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in of the Newport Beach Municipal Code. Section 20.80.090A 6. That all conditions of approval of Resubdivision No. 924 and Site Plan Review No. 58 shall be fulfilled. 7. That the roof decks and related railings shall be eliminated from the approved plans. -26- COMMISSIONERS May Z/+, iyyu MINUTES ITY OF NEWPORT BEACH OLL CAL wFindin INDEX B. Site Plan Review No, 58 a es: 1. That the proposed site plan gives due regard to the aesthetic qualities of the harbor. 2. 'I gat the site does not contain any unique landforms such a; coastal bluffs. 3. That the development is compatible with the character of the neighborhood and will contribute to the orderly and properties and the harmonious development of surrounding City. 4. The development is sited and designed to maximize public views from the street end. 5. That there are no environmentally sensitive areas on -site. 6. The property does not contain any areas of unique geologic hazards. 7. Residential development will meet City noise standards. 8. The site plan and layout of buildings, parking areas and pedestrian and vehicular access are functional in that there will be a minimum of commercial/residential conflicts. 9. The development is consistent with the General Plan, the Local Coastal Program, Land Use Plan and the Cannery Village/McFadden Square Specific Area Plan. 10. Mechanical equipment and trash enclosures are concealed from view. 11. That there are no archeolqgical of historical resources on - site. 12. That the project is designed so as to be compatible with the adjacent residential uses. -27- COMMISSIONERS `W CITY OF NEWPORT BEACH May 24, 1990 MINUTES !OLL CALL INDEX Conditions: 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans, elevations and section, except as noted below. 2. That all mitigation measures, and conditions of approval for Use Permit No 3379 and Resubdivision No. 92shall be fulfilled. 3. That one parking space be provided for each 250 sq.ft. of commercial or office development and 4 parking spaces be provided for each dwelling unit. 4. That the boat slips bayward of the site shall not be used as a commercial marina unless the required upland support facilities for parking and bath rooms are prpvided as required by City Council Harbor Permit policies. 5. The driveway entry shall be widened to provide a minimum width of 24 feet and the trash enclosure shall be relocated or redesigned to conform to Std 110-L for sight distance. 6. The second floor above required handicapped parking shall provide a minimum 8 foot 2 inch vertical clearance unless otherwise approved by the Building Director. 7. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 8. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self -parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped - space. -28- COMMISSIONERS May 24, 1990 MINUTES r CITY OF t4EWPORT BEACH OLL CALL INDEX n Resubdivision No. 924 Findings: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That the proposed project is consistent with the Newport Beach General Plan and the Local Coastal Program, Land Use Plan. 4. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code,. all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the design of the subdivision. 5. That the proposed subdivision presents no problems from a planning standpoint. Conditions: 1. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The Parcel Map shall be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard Subdivision Agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to .completion of the public improvements. -29- COMMISSIONERS cW _ n. a �1 r. �.� May 24, 1990 MINUTES LOLL CALL INDEX 4. That each dwelling unit be served with an individual water service and sewer lateral connection 4o the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the deteriorated sidewalk and deteriorated portions of curb, gutter and drive apron shall be reconstructed alon€ the 20th Street frontage and that the fire hydrant be "X" reloa ted if it is not at least five feet from the top of on the proposed drive apron. All work shall be completed under an encroachment permit issued by the Public Works Department. 6. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer unless otherwise approved by the Public Works Department. 1 7. That the Public Works Department plan check and inspection fee be paid. 8. That the on -site vehicular and pedestrian circulation system be subject to further review by the Public Works Department and the City Traffic Engineer. 9. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty- four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel map or prior to the issuance of grading permits or building permits. Any modifications or extensions to the existing ,storm drain, water and sewer to be required by the study shall be the systems shown responsibility of the developer. -30- COMMISSIONERS May 24, 1990 MINUTES S a CITY OF NEWPORT ULAUM INDEX OLL CALL il. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in the recommendations of the condition conformance with survey and to the satisfaction of the Building Department and Marine Department. The report shall include of all the tie rods required for inspection and evaluation the proposed project. The engineer shall evaluate potential loss of soil through the bulkhead wall as part of the report. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). 12. That the median island on West Balboa Boulevard at 20th Street be reconstructed to provide an eastbound left turn lane. 13. That County Sanitation District fees be paid prior to issuance of any building permits. 14. Disruption caused by construction work along roadways and by movement of construction' vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transpo}tation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be by the Publicl Works Department. reviewed and approved 15. That a 6 foot wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project. Said easement shall be materials meeting the improved with concrete or other approval of the Public Works Department. 16. That the trash enclosure access be provided from within the development rather than across the public sidewalk by the Public Works with the location to be approved Department. aI - 17. That the overhead utilities serving the site be the right-of-way to the undergrounded across public nearest appropriate pole. -31- COMMISSIONERS p �•P� vSOuO�,• pad c��oYN qW N 's',�, CITY OF NEWPORT BEACH May 24, 1990 MINUTES OLL CALL ITI I I I INDEX 18. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 19. That this resubdivision shall expire if the map has not the date of approval, been recorded within 3 years of is by the Planning unless an extension granted Commission. 20. That a park dedication fee for three! dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code prior to the recordation of the parcel map. 21. The applicant shall include within the project's Covenants, Conditions and Restrictions (CC&R's), specific language pertaining to the method and procedure for resolution of conflicts that may occur between the residential the commercial condominium. Said con ommiums and language shall be submitted to the City for review and approval by the City Attorney, prior to the recordation of the parcel map. iscusslon Item: DISCUSSlOT Item No. i Local astal Pro ram Amendment No. 23 Request to am d the Local Coastal Program Land Use Plan so TU 23 _ as to establish policy regarding private ocean front Recommend encroachments on pu property. to INITIATED BY: The City Newport Beach Initiate Commissioner Pers6n suggested t before the Planning Commission makes recommendations to rant a leasehold or encroachment permit to the pfoperty own the following information be provided for Commission review: erage square ' foot value of property along the ocean front, the market the fair market value of le hold value of ocean front property, the cost per square foot to lease oc ocean front property, and front property at winter and summer rates. -32- RESIDENTIAL ZONING CORRECTIONS AW4PW-1'" Telephone: (714) 644-3200 Plan Check No: /r 7y By:Dana Aslami Associate Planner By:Scot Ferris, Assistant Planner Date: /0 /fU /%�ld Corrections Required: Legal Description: Address: V 91 l,►lq-CIO By:Genia Kaznocha Assistant Planner By: &111 Lot v 3 Block Gw Section Tract Verify legal description with Public Works Covenant required. Please have owner's signature notarized on the attached document and return to me. Lot Sizes Zone Sp— C (/e✓m ;� _ _ Number of Units 7 J4- �t o� �i ////� Buildable Area ✓l�tL �! Maximum Structural Area (Area including exterior walls, stairway(s) on,one level and required parking). x buildable area. Proposed Structural Area: x buildable area. Provide tissue overlay of calculations verif in ropo ed�s are fop_._ tag T Co M su ys a Y 2e VKA41t&e ,w�Rppro✓t� Open Space Area fL cu.£t. (Volume of space equal to buildable width 04P• x height limit x six). This area must be at least six feet in ,any direction (61x 61x 61), and open on at least two sides, or one side and one end'. Required Setbacks Front 9 Rear iJ �i�il%I�u GVbK1aC(T�bO/z yea�r?J ah?y G'vrv,1h C4. t«a-2iyG -' �. 0/9/-�}10 Right Side Left Side rbYCKL%��Q, by r160 Note: The following are not permitted to encroach into required setback: aak Bxlzoon e_ 'p�� Fireplaces tDeeks--")AR} 171101AZd, t�69 �� Bay/Garden Windows /Ot'her '✓\ Rcmn rkc • S��'` ��'"fG/G�t 6V1V / GINS CG�I,�ro 1 v�• Height Limitation Measured from natural g 5'-0" to the ridge heigh ? Allowable mid -point 14'Hour.&Iev= t ,v� (-ow ku u1ja 115 mid -point of roof. Code allows an additional / i - lI Dimension all elevations zrvm-nacuLaL mid-point(s) of roof plane(s) q.1 ,. J- Allowable ridge he g t 6vu4A-Af, 31 i& I) -F-KOVN ridge(s) of roof plane(s) Label natural grade and finished grade on all elevations Distance between buildings Y17J/Ze, Maximum Coverage Number of Stories 5kov) MwuslXewej"F pi,(i(Gvcz �l C-� anTP�SP"'.dye'^,•'�qAa'7m1'�Nr�iM^"�wii*rm.mmrc,a.,,^nrnm.�m�,m�r�.,*..,�m�,..��..,.�....,....... ... ... ...._ .. Required Parking: clear inside minimum 9'-4" x 19' single space Vas 17'-6" x 19' two spaces ` pavICIVI � f4A 8' x 16' third/fourth spaces(s) and OEw����n� UN � V+ n x 04 Label clear inside dimensions of provided parking spaces 6 r4i �51�✓�3/G%iri�id Is demolition proposed? )F $D �Ac-ahe- y7c"��s' -1v y Number of units to be demolished (Q Fairshare Contribution San Joaquin hills Transportation Corridor Fee Park Dedication Fee Aq 0 3d�, SPECIAL APPROVAL REQUIRED THROUGH: Modifications Committee. Indicate Modification Approval No, on plans. Modification required for Ork.- Planning Commission: 4 /f�'-a�/y�� 's re" V- Use Permit No. '33-79 1/I Q p_ , �� w Variance Resubdivision/-*aaK, q24 Gi C�1QLQ Site Plan ReviewOther Public Works: I� !iCi' I�AYG ry�'� rGGPrivL� c�`tti1�l 4i1Pl0Vd� Easement/Encroachment Permit q$ of Ch;s �fi�r4• Subdivision Engineer— tJPOr 7 Fc.(9-4f Traffic Engineer 4 w0o-i Approval of Landscape Plans Building Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal Approval Required: �10'L oval In ept (AIC) No. (Note: File 3 sets of plans: site, floor and elevations) Coastal development Permit No. 22 Categorical Exclusion No. (C.E.O.) (Note: Building permits may be issued 10 days following issuance of C.E.O.) Waiver # Exempt, Because Miscellaneous 1. Provide floor plan(s), fully dimensioned, showing all room uses. 2. Provide plot plan, fully dimensioned, showing: location of all buildings, and distance to property lines. distance from face of curb to front property line (verify with Public --------���----"``--����-- Works) Ve")( P \\ second and third floor footprints (if applicable) all projections (i.e. fireplaces, bay windows), label distance(s) SIP-"S (S A,/�CG��I�✓4 f'�U� 3. Chimney (and chimney caps etc.) heights permitted only as required by U.B.C. or manufacturer specifications. 4. Pools, spas, walls, fences, patio covers and other freestanding structures require separate reviews and permits. d� 5. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant -of legal requirement to observe —covenants, conditions and restrictions which may be recorded aga st--the.-proper�� —tp" obtain tan -ty-assSciation approval of plans. WTIV 0 6F APf RJU}41'e .,,,...,_�.,- _.... _.... December 19, 1990 Corrections for Plan Check 1919-90 1. Submit lighting system plans and landscape plans as described in mitigation measure numbers 6 and 8 as approved by City Council June 25, 1990. (attached) 0 Submit evidence of final design providing for water saving devices for project lavatories and other water using facilities per mitigation measure number 7. Parks, Beaches and Recreation Department must review and also be submitted to and approved by both the Planning and Public Works Department. 3 Applicant must record covenant for the provision of required incentive uses. Covenant must be submitted to and approved by the City Attorney per Condition 3 of the Use Permit. Covenants, Conditions and Restrictions must be submitted for review and approval by City Attorney's office prior to recordation o, f parcel map per Condition 21 of Resubdivision 924. P/Ih mh 4) M" ✓V1 W AA�M" CS. The buildinig hems limited pvo31'6" per Condition �2 Z. e Use Permit. ACC b - d �to lss .27A. Note: Parceust a recor ed p or to issuance of permits er Coondition 1 of Q Resubdivision 924. &K4/uw See additional notes on correction list. Also, please review all conditions of approval and ensure all departments are satisfied to avoid any delay. j � 4 fit. V�iMoC r ANAL FINDINGS AND CONDITI 9 i S FOR SITE PLAN REVIEW NO. 58, AS APPROVED BY CITY COUNCIL ON RUNE 25, 1990 A. Environmental Document: Findin s: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K-3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That based on the information contained in the environmental document, the proposed design of the project will reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. Mitigation Measures: 1. An engineer's report on the adequacy of the existing bulkhead shall be prepared. The report shall include inspection and evaluation of all tie rods required for the proposed project. The engineer shall also evaluate potential loss of soil through the bulkhead wall as part of the report. 2. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, to m;nirnize any potential impacts from silt, debris, and other water pollutants. 3. That adequate provisions be taken to insure that no debris, siltation or foreign material be permitted to enter the bay during demolition and construction. 4. All construction activities shall be limited to the hours of 7 a.m. to 6:30 p.m., Monday through Friday, and 8 a.m. to 6 p.m. on Saturdays as outlined in Chapter 10. '8.040 of the Newport Beach Municipal Code. 5. That the finished floor elevation of the structure, except that area used for parking, be constructed at 6.27 feet above mean sea level as described in Chapter 20.63.045, of the Newport Beach Municipal Code. 6..1 That the .,lighting system shall be designed and maintained in such a manner as to conceal the light source and to mininrize light spillage and glare from the C, commercial parking area to the adjacent residential uses. The plans shall be Mc - Engineer preparedand signed by a Licensed Electrical Engineer; with a letter from the stating that, in his opinion, this requirement has been met. I W `Final Findings and Conditions Pigneri Development Co. SPR No. 58/UP No. 3379/R924 227 20th Street Page 2 7. Final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water -using facilities. '�8 � The landscape plan 'shall be subject to the review of the Parks, Beaches, and Recreation Department and approval of the Planning Department and the Public Works Department. The landscape plan shall place heavy emphasis on the use of drought -resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over -watering. Mitigation_Monitorin2: 1. The Building Department shall review and accept all necessary reports and plans associated with Mitigation Measures No. 1 and 2 prior to grading or the issuance of building permits. Mitigation Measures No. 5 and 7 must comply with Building Department regulations prior to the issuance of building permits. Mitigation Measures No. 3 and 4 shall be monitored by the Building Department Inspectors during the construction of the project. 12 1 The Planning Department shall review and approve the necessary plans associated with Mitigation Measures No. 6 and 8 prior to the issuance of building permits, �3 The Parks, Beaches and Recreation Department shall review and the Planning Department and the Public Works Department shall approve Mitigation Measure No. 7 prior to the issuance of building permits. B. Use Permit No. 3379. Findings: 1. That the development provides for both public physical and visual access to the bay. 2. That the increased height results in more public visual open space and views that would result from compliance with the basic height limit, since the project design includes increased setbacks adjacent to the street end and the Bay. 3. The incrr ased building height results in a more desirable architectural treatment of the -btiiiding and a stronger and more appealing visual character of the area within the general theme of a marine environment. r' -Final Findings and Conditions Pigneri Development Co. SPR No. 58/UP No. 3379/R924 227 20th Street Page 3 4. The increased building height does not result in undesirable or abrupt scale relationships between the structure and existing developments or public spaces. 5. The increased height does not result in floor area exceeding that otherwise permitted. 6. That incentive uses are provided by the development which allow the establishment of general office and commercial uses. 7. That the proposed commercial space constitutes a significant portion of the development. 8. That the proposed commercial development is large enough to accommodate viable businesses. 9. The approval of Use Permit No. 3379 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed devefopment shall be in substantial compliance with the approved plot plan, floor plans, elevations and section, except as noted below. That the building shall be no higher than 31 feet, 6 inches, subject to the ` provisions of the Cannery Village/McFadd'en Square Specific Plan in regards to the ground floor elevation and in accordance with the definitions contained in Section 20.87.205 of the Newport Beach Municipal Code. <3. ' That incentive uses shall be provided if general commercial or offi a uses are ` provided on site. The split between incentive uses and uses wh --h can be developed only upon the provision of incentive uses is 40% incentive uze and 60% use which requires incentive. Prior to the issuance of any grading or building permits for the project, the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, agreeing to the provision of required incentive uses. 4. That tlie-Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. .. -'Final Findings and Conditions Pigneri Development Co. SPR No. 58/UP No. 3379/R924 227 20th Street Page 4 5. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 6. That all conditions of approval of Resubdivision No. 924 and Site Plan Review No. 58 shall be fulfilled. , That the roof decks and related railings shall be eliminated from the approved plans. B Site Plan Review No. 58. indin : 1. That the proposed site plan gives due regard to the aesthetic qualities of the harbor. 2. That the site does not contain any unique landforms such as coastal bluffs. 3. That the development is compatible with the character of the neighborhood and will contribute to the orderly and harmonious development of surrounding properties and the City. 4. The development is sited and designed to maximize public views from the street end. 5. That there are no environmentally sensitive areas on -site. 6. The property does not contain any areas of unique geologic hazards. 7. Residential development will meet City noise standards. 8. The site plan and layout of buildings, parking areas and pedestrian and vehicular access are functional in that there will be a minimum of commercial/residential conflicts. 9: The development is consistent with the General Plan, the Local Coastal Program, Land U§64flan and the Cannery Village/McFadden Square Specific Area Plan. 10. Mechanical equipment and trash enclosures are concealed from view. 11. That there are no archeological of historical resources on -site. .. 0y1 yf Final Findings and Conditions Pigneri Development Co. SPR No. 58/UP No. 3379/R924 227 20th Street Page 5 12. That the project is designed so as to be compatible with the adjacent residential uses. Conditions: 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans, elevations and section, except as noted below. 2. That all mitigation measures, and conditions of approval for Use Permit No 3379 and Resubdivision No. 924 shall be fulfilled. 3. That one parking space be provided for each 250 sq.ft. of commercial or office development and 4 parking spaces be provided for each dwelling unit. 4. That the boat slips bayward of the site shall not be used as a commercial marina unless the required upland support facilities for parking and bath rooms are provided as required by City Council Harbor Permit policies. 5. The driveway entry shall be widened to provide a minimum width of 24 feet and the trash enclosure shall be relocated or redesigned to conform to Std 110-L for sight distance. 6. The second floor above required handicapped parking shall provide a minimum 8 foot 2 inch vertical clearance unless otherwise approved by the Building Director. That the applicant shall obtain Coastal Commission approval of this application prior to the ssu nc of buildVg per ts. 8. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped spade. 9. That the boat charter operation at this location shall be reviewed by the Tidelands Administrator and the License Supervisor during and after construction of the project. 10. That tbbpproposed landscape planter area located in the required 5 foot setback adjacent' to the street end of 20th Street shall be replaced with a sidewalk. Final Findings and Conditions Pigneri Development Co. SPR No. 58/UP No. 3379/R924 227 20th Street Page 6 D. Resubdivision No. 924 indin s: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That the proposed project is consistent with the Newport Beach General Plan and the Local Coastal Program, Land Use Plan. 4. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the design of the subdivision. 5. That the proposed subdivision presents no problems from a planning standpoint. I��JJ4m-.1 Conditions: ✓'j,r 1.,. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The Parcel �AjMap shall be prepared using the State Plane Coordinate System as a basis of '9` � at all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard Subdivision Agreement and accompanying surety be provided in order to guarantee satisfactory con �letion of the public improvements if it is desired to record a parcel map or ( :)tain a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the':deteriorated sidewalk and deteriorated portions of curb, gutter and drive aprori''shall be reconstructed along the 20th Street frontage and that the fire hydrant be relocated if it is not at least five feet from the top of "X' on the proposed"drive apron. All work shall be completed under an encroachment permit issued by the Public Works Department. Final Findings and Cone tions Gw- Pigneri Development Co. SPR No. 58/UP No. 3379/R924 227 20th Street Page 7 6. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer unless otherwise approved by the Public Works Department. 7. That the Public Works Department plan check and inspection fee be paid. S. That the on -site vehicular and pedestrian circulation system be subject to further review by the Public Works Department and the City Traffic Engineer. 9. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel map or prior to the issuance of grading permits or building permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 11. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The report shall include inspection and evaluation of all the tie rods required for the proposed project. The engineer shall evaluate potential loss of soil through the bulkhead wall as part of the report. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). 12. That the median island on West Balboa Boulevard at 20th Street be reconstructed to provide an eastbound left turn lane. 13. That County Sanitation District fees be paid prior to issuance of any building permits. 14. Disruption` caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flag Z. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall'•be reviewed and approved by the Public Works Department. Final Findings and Conditions tl Pigneri Development Co. SPR No. 58/UP No. 3379/R924 227 20th Street Page 8 15. That a 6 foot wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project. Said easement shall be improved with concrete or other materials meeting the approval of the Public Works Department. 16. That the trash enclosure access be provided from within the development rather than across the public sidewalk with the location to ,be approved by the Public Works Department. 17. That the overhead utilities serving the site be undergrounded across the public right-of-way to the nearest appropriate pole. 18. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 19. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. 20. That a park dedication fee for three dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code prior to the recordation of the parcel map. 21. The applicant shall include within the project's Covenants, Conditions and Restrictions (CC&R's), specific language pertaining to the method and procedure for resolution of conflicts that may occur between the residential condominiums and the commercial condominium. Said language shall be submitted to the City for review and approval by the City Attorney, prior to the recordation of the parcel map. i f�� e gneri Development Company 227 - 20th Street Newport Beach, California 92663 (714) 673.5556 September 7, 1990 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA. Planning Dept., 1 am in the process of plan checking my project located at 227 - 20th Street, in which I am building a Four Condo project, which has an office complex and three res- idential tondo's. I wish to use the following addresses for the project which is at the end of 20th Street and the Bay. I would like to have the following addresses: OFFICE COMPLEX 227 - 20th Street Easterly Condo 229 - 20th Street Center Condo 231 - 20th Street Westerly Condo 233 - 20th Street THANK YOU. PIGNERI DEVE OPMENT ` 12/27/1990 16:03 MULLEN R ASSOC. 714 632 3849 P.01 a MULLEN & o ASSOCIATES 1200 N. )effersott St. Unit D, Anaheim, CA 92807 INCORPORATED (714) 632.6620 FAX'(714) 682-0849 CONSULTING FLECTRICAL ENGINEERS M&A• Job #9088 27 December 1990 PIGNERI DEVELOPMENT COMPANY 227 20th Street Newport Beach, CA 92663 Attention: Chuck Pigneri Subject Newport Beach Plan Check 1919-90 Item 6 Dear Chuck: The plans prepared by Mullen & Associates, Inc. reflect a lighting design for the commercial parking area that meets..the City of Newport Beach requirements, as stated in the City Council Finding and Conditions",dated June 25, 1990. Respectfully submitted, MULLEN (& ASSOCIATES, INC. Robert A. 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